1 2025:CGHC:83 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6193 of 2024 1 - Sachin Bag S/o Jaya Bag Aged About 20 Years R/o Mull Gram Jamtara, P.S. Sindekala, District Balangir Orissa, Present Address Rawanbhatha Premnagar, P.S. Khamtarai, District Raipur Chhattisgarh ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Khamtarai, Raipur District Raipur Chhattisgarh ... Respondent(s) For Applicant(s) : Shri Mirza Hafeez Baig, Advocate. For the State : Ms. Pushpalata Xalxo, Panel Lawyer. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 02/01/2025 1. The applicant has preferred first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita for grant of regular bail as he has been arrested in connection with Crime No.409/2024 registered at Police Station Khamtarai, Raipur, District Raipur (C.G.) for the offence punishable under Sections 376(3), 342/34 of IPC, Section 4(2) of POCSO Act and Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 2. The case of the prosecution is that the applicant has committed rape NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE 2 with the prosecutrix, who is below 14 years at the time of incident. 3. Learned counsel for the applicant submits that he has no previous criminal antecedent against the applicant, prosecutrix and applicant was love affairs, applicant is student of 20 years of age and he is in jail since 24/04/2024 and trial will take more time, hence he prays for release on bail to the applicant. 4. Learned counsel for the State opposes the submission made by learned counsel for the applicant and submits that age of the prosecutrix is below 14 years. Hence, he is not entitled for grant of bail. 5. On 14/10/2024 mother of the victim appeared before this Court through video conferencing and raised her objection with regard to releasing the applicant on bail. 6. Heard learned counsel for both the parties. 7. Considering the entire facts and circumstances of the case, nature and gravity of offence leveled against the applicant, minor girl has been sexually assaulted by the applicant, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the bail application of the applicant Sachin Bag filed under Section 483 of BNSS involved in Crime No.409/2024 registered at Police Station Khamtarai, Raipur, District Raipur (C.G.) for the offence punishable under Sections 376(3), 342/34 of IPC, Section 4(2) of POCSO Act and Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, is rejected. Sd/- (Arvind Kumar Verma) JUDGE Kamde