1 2025:CGHC:40817 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6164 of 2025 1 - Deva Chauhan S/o. Kudu Chauhan, Aged About 19 Years, R/o. Village Singhbandha, Police Station And District Mungeli (C.G.) Presently At Ward No. 06 Mohabhattha, Bemetara, Police Station And District Bemetara (C.G.). ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Bemetara, District Bemetara (C.G.). ... Respondent For Applicant : Mr. Syed Afaque Hussain Rizvi, Advocate For Respondent : Mr. Pranjal Shukla, Panel Lawyer. (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 13/08/2025 1. This is 02nd Bail Application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 241/2024 registered at Police Station Bemetara, for the offence punishable under Sections 363, 366. 376 & 376(2)(n) of IPC and Sections 4 & 6 of the POCSO Act. 2. The first bail application of the applicant was rejected on merits by this Court on 16.06.2025 in MCRC No.3112/2025. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.08.14 09:14:46 +0530 2 3. The prosecution story is that the applicant has enticed away the minor girl from the lawful custody of her parents and committed forcible sexual intercourse, thereby the offence has been committed. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the statement of prosecutrix recorded before the trial Court under Section 164 of CrPC in which she has categorically stated that she had love affairs with the applicant and voluntarily accompanied the applicant and both they have performed marriage in a temple and presently she is pregnant and wants to live with the applicant and not with the parents, therefore, no case is made out against the applicant. He submits that the applicant is in jail since 28.01.2025 and the trial is likely to take considerable time to conclude, therefore, the applicant may be enlarged on bail. 5. Per contra, learned State Counsel opposes the bail application and submits that at the time of incident, the victim was minor girl and the applicant has enticed away the girl from the custody of her parents and the victim has supported the prosecution case before the trial Court, therefore, considering the grievousness of the offence, he may not be enlarged on bail. 6. Having considered the submission of the learned counsel for the parties and the fact that the first bail application of the applicant was dismissed on merits in MCRC No. 3112/2025 on 16.06.2025 and it appears that there is no change in 3 circumstances, therefore, at this stage, I do not find it appropriate to release the applicant on bail. 7. 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 Sourabh P.