1 2025:CGHC:226 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6603 of 2024 1 - Jay Prakash Banjare S/o Jani Ram Banjare Aged About 29 Years R/o Village Singhanpur, P.S. Sarangarh, District : Sarangarh-Bilaigarh, Chhattisgarh ... Applicant (s) versus 1 - State Of Chhattisgarh Through District Magistrate Raigarh, District : Raigarh, Chhattisgarh --- Non-Applicant For Applicant : Mr. B.N. Nande, along with Mr. Priyansh Gupta, Advocates. For-Non-applicant : Mr. Pramod Shrivastava, G.A. Hon’ble Shri Arvind Kumar Vema, Judge Order on Board 02/01/2025 1. This is the first bail application filed under Section 483 of the B.N.S.S. for grant of regular bail to the applicant who has been arrested in connection with Crime No. 0185/2024 registered at Police Station Kotra Road Raigarh (C.G.), for the offence punishable under 363, 366, 376 of IPC and Section 4 & 6 of POCSO Act. 2. The allegation against the present applicant as per the prosecution case is that, the present applicant knowing the fact that the prosecutrix was a minor, he is said to have taken the prosecutrix to different place and there he is said to have had a physical relationship with her. Subsequently, an F.I.R. in this regard was lodged and the present Digitally signed by JYOTI JHA Date: 2025.01.04 12:15:04 +0530 2 applicant has been arrested on 20.07.2024. 3. It has been argued by the learned counsel for the applicant that it is a case of elopement and not of taking away, enticing or abduction. It is further submitted that the prosecutrix was a consenting party and she had established sexual relationship with the applicant, the applicant is in jail since 20.07.2024. Hence he prays that the applicant be enlarged on bail. 4. Learned counsel for the State however opposing the bail application submits that the present applicant is already a married person. Futher the consent of the prosecutrix is immaterial for the reason that the prosecutrix was a minor and thus prayed for rejection of bail application. 5. Having heard the contentions put forth on either side and on perusal of records, particularly considering the fact that the applicant is already a married man and further the fact that the prosecutrix was minor at the time of incident and the consent of the prosecutrix was immaterial, this Court is of the view that present is not a fit case for grant of bail. Accordingly, the bail application of the applicant is rejected, at this stage. 6. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible, if there is no legal impediment. 7. The OfÏce is directed to send a certified copy of this order to the trial Court for necessary information. Sd/- (Arvind Kumar Verma) Judge Jyoti