1 2025:CGHC:37032 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5646 of 2025 Sumeet Swarnkar S/o Gajanand Swarnkar Aged About 28 Years Occupation Student, R/o Chandranagar, Raigarh Police Station Chakradharnagar, Tahsil And District - Raigarh (C.G.) ... Petitioner versus State of Chhattisgarh through S.H.O. Of Police Station Chakradharnagar Tahsil And District - Raigarh (C.G.) ... Respondent For the petitioner : Mr. Abhishek Saraf, Advocate For the Respondent : Mr. Pranjal Shukla, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 29.07.2025 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 who has been arrested in Crime No.268/2025 registered at Police Station Chakradharnagar, Tahsil and District Raigarh (CG) for the offences under Sections 75(1)(i), 75(1)(iv), 78(1)(i) of the Bhartiya Nyay Sanhita and Section 8 of the POCSO Act. 2. The prosecution story in brief is that the mother of the girl lodged a written report that her daughter was studying 6th Class and on 14.06.2025, she alongwith her son and victim had gone to a shop, A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.08.01 18:13:03 +0530 2 her son went inside the shop and at that time, seeing her daughter alone one boy started talking with her and as soon as she came out of the shop her daughter was missing. After some time, her daughter came back to the house and stated the incident that one unknown boy was talking to her outside the shop and took her beside a lane of the shop by holding her hand with bad intention. Then she fled away from the spot and came back to the home. Again on 15.06.2025 at about 5.30 p.m., she again went for the shop where the boy came and asked her to be her girlfriened, then she fled away. On the basis of such report, offence was registered and the applicant was taken into custody. 3. Learned counsel for the applicant submits that no offence is made out against the applicant and the allegations made against him are general in nature and the version of prosecution itself reveals that no ingredients of section 75(1)(i), 75(1(iv), 78(1)(i) of the BNS and Section 8 of the POCSO Act are attracted against the applicant. He further submits that the applicant is a degree holder in B.Sc (Agriculture) and there are no past antecedents against him. He submits that the applicant is in jail since 16.06.2025 and his detention will adversely affect the future career. He prays that there is no immediate possibility of disposal of the case and further looking to the nature of allegations and future prospects of the applicant, 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 the charge sheet has not yet been filed. 3 5. Despite service of notice, the victim/complainant/informant has not chosen to appear and raise objection regarding grant of bail either through VC or in person. 6. Having considered the submissions made by learned counsel for the parties and the fact that the charge sheet has not yet been filed, 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 be sent to the trial Court for information. Sd/- (Sanjay Kumar Jaiswal) Judge Rao