1 / 3 2025:CGHC:2244 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7341 of 2024 1 - Nitin Kumar Dahariya @ Banti S/o Rajkumar Dahariya Aged About 20 Years R/o Ashok Nagar, Gudiyari, Raipur Chhattisgarh ... Applicant versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Saraswati Nagar, Raipur District Raipur Chhattisgarh ... Respondent For Applicant : Mr. C.R. Sahu, Advocate For State : Mr. Karan Bahrani, PL For Complainant : Mr. Vikas Kumar Pandey, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 14/01/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 20/01/2024 in connection with Crime No. 25/2024, registered at Police Station Saraswati Nagar, Raipur (wrongly mentioned as P.S. Gudiyari in Annexure A-1) for the offence punishable under Sections 363, 366, 376, 376 (2) (n), 506, 34 of the IPC and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.01.15 17:27:30 +0530 2 / 3 2. Case of the prosecution in brief is that the prosecutrix lodged a report on 21/01/2024 that the applicant told her that her brother has received injuries on account of dispute with the neighbour and he took the prosecutrix to village Dadar and there on the pretext of marriage committed forceful sexual intercourse. Thereafter, on the basis of the report lodged by the prosecutrix the investigation was done and the applicant was arrested. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and the prosecutrix was in love relation with the applicant and she travelled different places in the company of the applicant. He would next contend that the applicant is in jail since 20/01/2024 and the charge-sheet in this case has been filed, therefore, the applicant may be released on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail and would submit that there are previous antecedents to the credit of the applicant as there are three cases under the provisions of IPC and two cases under the provisions of the Arms Act registered against the applicant. 5. Learned counsel for the complainant also opposes the prayer for grant of bail to the applicant. 6. On 04/11/2024 the victim appeared in person before this Court and raised objection with regard to grant of bail to the applicant. 7. Considering the allegations leveled against the applicant as he took away the minor girl from the lawful custody of the parents without their authority and committed sexual intercourse and also considering the 3 / 3 previous antecedents of the applicant as there are total 5 cases lodged against him, I am not inclined to release the applicant on bail. 8. Accordingly, the bail application is rejected. SD/- (Arvind Kumar Verma) JUDGE ashu