1 2025:CGHC:38465 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5660 of 2025 Hirachand S/o Shubhnarayan, Aged About 26 Years R/o Davra, Out-Post- Davra, P.S. Pasta, District Balrampur Ramanujganj Chhattisgarh. ... Applicant versus State of Chhattisgarh through S.H.O. Police Station Chalgali District Balrampur Ramanujganj Chhattisgarh ... Respondent For the applicant : Mr. Pushkar Sinha, Advocate For the State : Mr. Karan Kumar Bahrani, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 04.08.2025 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. 27/2025 registered at Police Station Chalgali, District Balrampur Ramanujganj (C.G) for the offences under Sections 137(2), 87, 64(2)(m), 115(2) of BNS and Sections 4, 6 of the POCSO Act & Section 146/196 of M.V. Act. 2. The prosecution story, in brief, is that the present applicant and victim girl came to be acquainted with each other and they used to talk on mobile phone since 2022. The allegation against the applicant is that on 30.04.2022, he went to the village of the victim to attend a A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.08.05 10:19:01 +0530 2 marriage ceremony where he met the victim and took away her to a barn and forcefully committed sexual intercourse with her on the pretext of marriage and further he used to commit sexual intercourse with her on multiple occasions at different times and different places when he got the opportunity. Again in January 2025 the applicant took the victim to his house in village Dawra and raped the victim many times. When the victim asked to marry her, the accused refused her by raising quarrel and on 26.03.2025 the victim was driven out of his house. Therefore, a report was lodged at Police station. 3. Learned counsel for the applicant submits that there is an inordinate delay in filing the report for which no plausible explanation was given. He further submits that although the victim is stated to be minor, yet the evidence of correct age has not been collected by the prosecution and she being a major lady had voluntarily accompanied the applicant without raising any alarm, therefore, she was a consenting party. He submits that the applicant is in jail since 17.04.2025 and till date out of total 16 witnesses, only the victim has been examined and she has turned hostile and further there is no immediate possibility of disposal of case, therefore, the applicant 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 in her statements recorded under sections 161 & 164 of CrPC, she has supported the case of prosecution. 3 5. On 30.07.2025, the victim girl and her mother appeared through VC and stated no-objection regarding grant of bail to the applicant. 6. Having thus considered the submissions made by learned counsel for the parties and the facts and circumstances of the case, without observing anything on merits of the case, I am inclined to release the applicant on regular bail at this stage. 7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said court as and when directed. CC as per rules. Sd/- (Sanjay Kumar Jaiswal) Judge Rao