1 2025:CGHC:45607 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6666 of 2025 1 - Nohar Baghel S/o Domar Baghel Aged About 24 Years R/o Village Tulsi (Baradera), P.S. Mandir Hasaud, District : Raipur, Chhattisgarh ... Applicant Versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Mandir Hasaud, District : Raipur, Chhattisgarh ... Non-applicant For Applicant : Mr. B.L. Sahu, Advocate For Non-applicant : Mr. Akhilesh Kumar, Advocate For Objector : Mr. G.M. Hassan, Advocate along with Mr. Gajendra Chelak, Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 08/09/2025 1. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 319/2024 registered at Police Station – Mandir-Hasaud, District – Raipur, Chhattisgarh for the offences punishable under Sections 363, 366, 376, 376 (2) (n) of Indian Penal Code, 1860 and under Sections 06 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. 2. Case of prosecution is that, when victim was found missing from her house, father of victim lodged report in the concerned police station, based upon which offence under Section 363 of the IPC, 1860 was registered againt unknown person. During investigation, victim was SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 recovered from the possession of the applicant. Her statement was recorded and thereafter, applicant was arrested on 01.11.2024. 3. Learned counsel for the applicant submit that applicant is innocent, he has been falsely implicated in the instant crime, he has not committed any offence as alleged. He submits that victim herself came to the house of applicant and forced him to elope with her. She is a consenting party and therefore, no offence as alleged would be made out. 4. On the other hand, learned State counsel vehemently opposes the submission made by learned counsel for the applicant and would submit that as per the statement of victim recorded under Section 161 and 164 of Cr.P.C., there are allegations against the applicant that he took the victim along with him alluring to perform marriage with her, age of the victim is less than 17 years on the date of incident. Hence, he may not be enlarged on bail. 5. Mr. G.M. Hassan, learned counsel for the Objector/Complainant along with the victim/complainant is also present in this Court and they have raised strong objection in grant of bail to the applicant. 6. I have heard learned counsel for the respective parties. 7. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, age of the victim as stated by the counsel for the State to be less than 17 years, documents enclosed along with the bail application, I do not find present to be a fit case to allow the application for grant of bail. 8. Accordingly, the application for grant of bail is dismissed. Certified copy as per rules. Sd/-Sd/- (Parth Prateem Sahu) Judge Dey