1 2025:CGHC:35217 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5577 of 2025 Vikash Lahre S/o Late Chhatram Lahre Aged About 25 Years R/o Mandalpara Bazar Chowk Kosir, Thana Kosir, District- Sarangarh-Bilaigarh (C.G.) ... Applicant versus State of Chhattisgarh through Station House Officer, Kosir, Distt.- Sarangarh-Bilaigarh (C.G.) ... Respondent For the applicant : Mr. Krishna Kumar Yadav, Advocate, on behalf of Mr. Awadh Tripathi, Advocate For the State : Mr. Pranjal Shukla, Panel Lawyer, for the State (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 22.07.2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No.65/2025 registered at Police Station Kosir, District Sarangarh- Bilaigarh (CG) for the offences under Sections 376(3), 376(2-N), 305 of IPC and sections 3/4(2), 5(1/6), 5(J)(ii)/6 of the POCSO Act. 2. The prosecution story in brief is that the applicant had often committed forcible sexual intercourse with the minor girl below the age of 16 years on multiple occasions from the year 2022, as a result of which, the victim became pregnant and gave birth to a baby boy on 20.03.2023. The birth certificate of the said child has also been seized from the applicant, in which the date of child is mentioned as 20.03.2023, Thereafter during the stay of the victim in the house of the accused, the A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.07.24 12:01:37 +0530 2 applicant and his mother (now expired) physically and mentally harassed the victim and abetted her to commit suicide due to which the victim hanged herself in the residence of applicant on 17.05.2024 and died on 18.05.2024 in Medical College, Raigarh. 3. Learned counsel for the applicant submits that no offence has been committed by the applicant as projected by the prosecution and he has been falsely implicated in this case. He submits that the applicant and victim were in love affairs and no forcible sexual assault was made by the applicant and both they were residing together as wife and husband, as a result of which, a child was born and looking to these circumstances, the parents of the applicant got them married, therefore, no offence under section 376 of IPC is made out against the applicant. He next submits that although the victim is stated to be minor, yet the material evidence of correct age has not been collected by the prosecution. He further submits that the applicant is in jail since 27.03.2025 and till date out of total 24 prosecution witnesses, only 3 have been examined and there is no immediate possibility of disposal of trial, therefore, he may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that at the time of incident, the girl was minor and some important witnesses remained to be examined. 5. The mother of girl has appeared through VC from the concerned DLSA and she has not raised any objection regarding grant of bail. 6. Having considered the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case and the material available on record, I am not inclined to release the applicant on regular bail at this stage. Accordingly, the bail application is rejected. 7. A Copy of this order to be sent to the trial Court for information. Sd/- (Sanjay Kumar Jaiswal) Judge Rao