2025:CGHC:49093 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7193 of 2025 Sonu @ Dikeshwar Kumar Kuldeep S/o Mahendra Kumar Kuldeep Aged About 20 Years R/o Ward No. 05, Parrekodo Kacche, P.S. Bhanupratappur, District Kanker, Chhattisgarh ... Petitioner(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Gurur, District Balod, C.G. ... Respondent (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Applicant : Ms Richa Sahu, Advocate For Respondent/State : Shri Pranjal Shukla, PL ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 24.09.2025 1. Pursuant to order dated 10.09.2025, victim and her father appear through the concerned DLSA, and raised objection in granting bail to the applicant. Their objection has been taken on record. 2. This bail application has been filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS, 2023). This is the first bail application before this Court filed by the applicant for grant of regular bail. 3. The applicant was arrested on 05.02.2025 in connection with Crime No.22 of 2025 registered at PS- Gurur, District-Balod, CG, for the offence Digitally signed by V PADMAVATHI Date: 2025.09.26 11:15:30 +0530 Mcrc 7193 of 2025 2 punishable under Sections 137(2), 87, 65(1) of the Bharatiya Nyaya Sanhita, 2023, and Section 3/4(2) of the POCSO Act, 2012. 4. Case of the prosecution in brief is that victim lodged report that she was subjected to sexual exploitation by the present applicant on 03.02.2025. On the report made by the victim, offence punishable under Sections 137(2) and 65(1) of the BNS 2023 and Sections 4 and 6 of the POCSo have been registered against the applicant, and he has been arrested on 05.02.2025. Charge-sheet has been filed. 5. Learned counsel for the applicant would submit that the victim herself was in love affair with the applicant. However, there is no physical relation between them. It is only when the parents of the victim saw them together, they lodged report, and under pressure of her parents, she made statement against the applicant. Victim was examined before the trial Court as PW1, and has not fully supported the prosecution case. Applicant is in jail since 05.02.2025, and final adjudication of the case will take its own time, therefore, applicant may be enlarged on bail. 6. On the other hand, learned State counsel opposes the submissions made by learned counsel for the applicant, and submitted that victim is a minor girl, aged about 14 years, 3 months on the date of incident. Her birth certificate is also available in the charge-sheet. Prompt report has been lodged by the victim, ie on the next day of the incident, in which she made allegation against the applicant that she was exploited by him, which also reflects from her 183 BNSS Statement. Hence, the applicant is not entitled for bail. Mcrc 7193 of 2025 3 7. Heard learned counsel for the parties, and perused the material annexed with the petition. 8. Considering the submissions made by learned counsel for the parties, also considering nature of allegation against the applicant, further, material collected during the investigation, age of the victim, and her statement recorded under Section 183 of the BNSS 2023, I am not inclined to release the applicant on bail. 9. Accordingly, this bail application is rejected. Certified copy as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE padma