1 2025:CGHC:40811 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5820 of 2025 Amin @ Amin Prakash Kerketta S/o Sanjivan Kerketta Aged About 26 Years R/o Kasra Nagdoli Police Station Patna District Koria C.G. ... Applicant versus State of Chhattisgarh Through Police Station- Rajpur, District Balrampur- Ramanujganj C.G. ... Respondent For Applicant : Mr. Rohitashva Singh, Adv. For Respondent/State : Mr. Karan Kumar Bahrani, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 13/08/2025 1. The victim along with her father appeared virtually from concerned DLSA before this Court today and recorded ‘objection’ in granting bail to the applicant. 2. The applicant has preferred this 1st bail application under Section 483 of BNSS, 2023 for grant of regular bail as he is arrested in connection with crime No. 89/2025, registered at Police Station – Rajpur, District- Balrampur-Ramanujganj (C.G.) for offence punishable under Sections 64(1) & 69 of BNS and Sections 4 & 6 of the POCSO Act, 2012. 3. The prosecution's case, in short, the victim lodged a written complaint against the applicant in concerned Police Station stating therein that from 21.05.2015 to 10.03.2025, on the pretext of marriage, the applicant continuously committed sexual intercourse with her at various places and thereafter denied to perform marriage with her. Based on above, offence has been registered against the applicant. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. There was a SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.08.14 10:31:29 +0530 2 love affair between the applicant and the victim and she was a consenting party. She herself stayed with the applicant on her own free will for about 8 years at Mainpat (C.G.), Patthalgaon (C.G.) and Mumbai (M.H.). On denial of marriage by the applicant, a false report has been lodged by her. There is unexplained delay of 10 years in lodging the FIR. Further, the applicant is in jail since 21.04.2025, charge-sheet has been filed and the trial has not commenced till date and it is likely to take time to be finalized, therefore, it is prayed that the applicant may be enlarged on bail. 5. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that at the time of incident, the victim was minor. Her date of birth is 07.07.2001. He further submits that in her statement recorded under Section 161 & 164 of Cr.P.C. she supported the case of prosecution. Hence, looking to the nature of offence, the applicant may not be released on bail. 6. I have heard learned Counsel appearing for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case, evidence collected by the prosecution, detention period of the applicant and the fact that the first incident has taken place on 21.05.2015 and the FIR was lodged after 10 years on 21.04.2025. The date of birth of the victim is 07.07.2001. As per the prosecution itself, the victim stayed with the applicant for about 8 years at different places, further considering that the trial is likely to take time to be finalized, without further commenting on merits of the case, I am inclined to release the applicant on bail. 8. Accordingly, the bail application is Allowed. 9. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before the said Court as and when directed. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham