1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5672 of 2025 1 - Samir Khan @ Hardik Khan S/o Sonu Khan Aged About 20 Years R/o Bootapara PS- Torwa Distt. Bilaspur (Chhattisgarh). ... Applicant versus 1 - State Of Chhattisgarh Through- PS- Sirgitti, District Bilaspur (C.G.). ... Respondent For Applicant : Mr. Vijay Shankar Mishra, Adv. For Respondent/State : Ms. Priya Sharma, P.L. For Objector : Mr. Ravi Kumar Kashyap, Adv. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 06 / 08 / 2025 1. The accused/applicant has moved this first bail application under Section 483 of BNSS, 2023 for releasing him on regular bail during trial in connection with Crime No. 175/2025 registered at Police Station – Sirgitti, District – Bilaspur (C.G.) for the offence punishable under Sections Digitally signed by HEERA LAL SAHU Date: 2025.08.06 17:58:21 +0530 2 64(2)(M), 351(2) of BNS, 2023 and Sections 4 & 6 of POCSO Act. 2. As per the prosecution’s case, it is alleged against the applicant that on 07.04.2025, on the pretext of marriage, the applicant committed forced sexual intercourse with the minor victim. It is also alleged that the applicant threatened her for life. Based on this, offence has been registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the age of the victim has not been proved by the prosecution, and an ossification test has also not been conducted to prove that the victim was a minor at the time of the incident. He also submits that the applicant is in jail since 08.04.2025, charge sheet has been filed, and the trial is likely to take considerable time. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the date of birth of the victim is 06.11.2010, meaning thereby the victim was a minor at the time of the incident. The victim has supported the case of the prosecution in her statement recorded under Sections 161 & 164 of Cr.P.C. The trial is not commenced yet. There is sufficient evidence against the 3 applicant. Therefore, at this stage, he may not be enlarged on bail. 5. The victim along with her mother is present in person before this Court and raised objection to grant bail to the applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case and keeping in view the evidence collected by the prosecution against the applicant and the nature of offence, further considering the fact that trial is not commenced yet, at this stage, without commenting on merits of the case, I am not inclined to release the applicant on bail. Accordingly, the bail application filed under Section 483 of BNSS, 2023, is rejected. 8. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu