1 2025:CGHC:40623 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5835 of 2025 Arun Mandavi S/o Ramlal Mandavi Aged About 22 Years R/o Village - Tolum, Police Station - Manpur, District- Mohla-Manpur-Ambagarh Chowki, Chhattisgarh. (Particulars Of The Applicant Is Mentioned Correctly) ... Applicant versus State Of Chhattisgarh Through - Police Station - Khadgaon, District- Mohla-Manpur-Ambagarh Chowki (C.G.) ... Respondent For Applicant : Mr. Anmol Sharma, Advocate For Respondent : Mr. Karan Kumar Baharani, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 12.08.2025 1. The victim along with her father appeared before this Court today through virtual mode from the concerned DLSA and raised objection in granting bail to the applicant. 2. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the Digitally signed by BHOLA NATH KHATAI Date: 2025.08.13 16:03:47 +0530 2 applicant who has been arrested in connection with Crime No.20/2025 registered at Police Station Khadgaon, District Mohla-Manpur-Ambagarh Chowki, (CG) for the offence punishable under Sections 137(2), 65(1) of BNS and Section 5(L) of the Protection of Children from Sexual Offences Act, 2012. 3. As per the prosecution case, the applicant knowing fully well that the victim was a minor, kidnapped her from the lawful guardianship of her parents and committed sexual intercourse with her on the pretext of marriage. Subsequently, on report being made in this regard, the applicant was arrested on 25.05.2025. 4. Learned counsel appearing for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He submits that the victim was a consenting party as in her 161 CrPC statement she has clearly stated that there was a love affair between them and she went with the applicant of her own will. He submits that there is a delay in lodging the FIR and in her MLC report, there is no definite opinion about the said offence. He further submits that the applicant is in jail since 25.05.2025 and there is no likelihood of the trial to be concluded at the earliest, therefore, considering all these facts, the applicant may be released on bail. 5. State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident, 3 therefore, her consent is of no relevance/consequence. He further submits that the victim in her 180 & 183 BNSS statement has supported the case of prosecution and considering the nature of offence, the applicant does not deserve to be released on bail. 6. Heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the entire facts and circumstances of the case, particularly the nature and gravity of offence and the material collected and available on record against the applicant and also the fact that trial has not commenced, this Court is not inclined to release the applicant on bail. 8. Accordingly, the present bail application stands rejected. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai