1 2025:CGHC:38742 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5733 of 2025 1 - Tameshwar Dubey S/o Narsingh Dubey Aged About 22 Years R/o Kulia Bandha, Near Hanuman Mandir, P.S. Beltikri, District Mapada Odisha Presently Devendra Nagar Sector 01, Jhula Gardan, Raipur C.G. ... Applicant versus 1 - State Of Chhattisgarh Through P.S. Palari, District Baloda Bazar Bhatapara C.G. ... Respondent For Applicant : Mr. Hemant Gupta, Advocate. For Respondent/State : Ms. Pragya Shrivastava, Dy. G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 05 / 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. 141/2025 registered at Police Station – Palari, District – Baloda-Bazar- Bhatapara (C.G.) for the offence punishable Digitally signed by HEERA LAL SAHU Date: 2025.08.05 16:41:26 +0530 2 under Sections 137(2), 87, 64(2)(M) of BNS and Section 6 of POCSO Act. 2. As per the prosecution’s case, on 25.04.2025, the applicant seduced the minor victim, took her to Raipur and committed repeatedly sexual intercourse with her. 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 victim is a consenting party, as in the statement of the victim recorded under Section 183 of BNSS, there is no allegation that the applicant had taken the victim against her will. In the MLC report, no injuries were found. The applicant is in jail since 06.05.2025, charge sheet has been filed, and there is no likelihood of his case being decided in the near future; therefore, the present applicant may be released on bail. In support of his arguments, he placed reliance on the decision of this Court in the matter of Shahid Khan @ Monu vs. State of C.G., passed in MCRC No. 9093/2024 on 21.02.2025. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the victim has supported the case of the prosecution in her statement recorded under Section 161 of Cr.P.C. The FSL report is 3 awaited. On the pretext of marriage, the applicant committed a heinous crime with a minor girl; therefore, at this stage, he may not be enlarged on bail. 5. The victim along with her father, appeared through video conferencing from the concerned DLSA and raised their objection to grant bail to the applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the entire facts and circumstances of the case, particularly looking to the material available on record, the evidence collected by the prosecution against the applicant and the nature of crime, at this stage, 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