Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:45892
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6740 of 2025 Anuj Sheel @ Anuj Sen S/o Ashish Sen Aged About 19 Years R/o Lalmohanpara, Police Station Gandhinagar, District Surguja C.G.
... Applicant versus State Of Chhattisgarh Through The Police Station Gandhinagar, District Surguja C.G.
... Respondent For Applicant : Mr. Siddharth Pandey, Advocate For Respondent : Mr. Karan Kumar Baharani, Panel lawyer Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD 09.09.2025
1. Applicant has filed this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 242/2025 registered at Police Station – Gandhinagar, District-Sarguja (C.G.) for offence punishable under Section 137(2), 87, 65(1), 64(2) (m) read with 3(5) of BNS, and Section 5 and 6 of POCSO Act. ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.09.10 10:37:53 +0530
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2. Case of prosecution in brief is that father of the victim (minor) lodged a report in Police Station alleging that applicant has committed sexual intercourse with her daughter and co-accused Amit Mandal has facilitated them by taking them to a lonely place in forest on a motorcycle. Based upon which aforementioned crime was registered and applicant was arrested on 18.04.2025.
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Learned counsel for applicant submits that applicant has been falsely implicated in the crime, he has not committed offence as alleged. He further submits that victim in her cross-examination before the trial Court has not supported the case of prosecution. He also submits that applicant is tender age of 19 years, there is no criminal antecedents against him and he is incarcerated in jail since 18.04.2025 and trial may take considerable time to conclude, hence, he may be enlarged on bail.
4. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant and would submit that there are specific allegation against the applicant of committing sexual intercourse with the victim as recorded in her statement of section 180 and 183 of BNSS, 2023 in her evidence before the Court. Hence, he may not be enlarged on bail.
5. Pursuant to notice issued vide order dated 29.08.2025 by this Court, father of the victim appeared and raised objection in grant of bail to applicant.
6. I have heard learned counsel for the parties and perused the documents enclosed along with the bail application.
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7. Taking into consideration facts and circumstances of the case, nature of allegation, submission made by learned counsel for the respective parties and as submitted by counsel for the State the age of the victim as per birth register was only 13 years and 01 month. Also considering the statement of victim recorded under Section 180 and 183 of BNSS, 2023 and the documents enclosed with the bail application, I do not find present to be a fit case to allow the application, accordingly, the application is dismissed. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge alfiza