1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6941 of 2025 1 - Shivlal Paikra S/o Sukul Paikra Aged About 28 Years R/o Village- Khajuriyadih, Baheratoli, Thana Chando, Distt.- Balrampur-Ramanujganj (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through P.S. Chando, Distt.- Balrampur-Ramanujganj (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sudhir Sharma, Advocate For Respondent(s) : Mr. Vivek Sharma, Panel Lawyer S.B.: Hon'ble Shri Ravindra Kumar Agrawal, Judge Order On Board 17/09/2025 1. Pursuant to the order dated 02.09.2025, the mother of the victim appeared from the DLSA Balrampur before this Court and raised objection in granting bail to the applicant. Her objection is taken on record. 2. The case of the prosecution is that on 09.12.2024, the father of the victim lodge a report to the Police that his minor daughter is missing since 04.12.2024 and her whereabouts could not be traced out. The Police has registered the offence under Section 137 of Bhartiya Nyay Sanhita, 2023 SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.09.18 10:16:53 +0530 2 and started investigation. During the investigation, on 13.12.2024, the wife of the applicant, left the victim on the way to her house and then she came back to her house and informed the Police about the incident. After recording statement of the victim, the other offence under Section 87, 351 (3) and 64(2) of BNS, 2023 and Section 5 (l) and 6 of the POCSO Act have been added. The applicant was arrested on 24.12.2024 and charge- sheet has been filed. 3. Learned counsel for the applicant would submit that there was love affair between the applicant and the victim and she on her own will had gone with the applicant and made consensual physical relation. The victim is more than 18 years of age and presently, she married with some other person as has been informed by the family members of the applicant. The applicant is in jail since 24.12.2024 and final adjudication of the case will take its own time, therefore, he may be enlarged on bail. 4. On the other hand, learned counsel appearing for the State opposes and submitted that the applicant is already married and he allured the minor victim and after kidnapping her, committed rape upon her. The victim was conceived pregnancy and her UPT test was found positive at the time of her medical examination. From the statement of the victim, it clearly appears that she has been sexually exploited by the applicant and therefore, the bail application fo the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material annexed with the application. 6. Considering the submission made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation, further considering the age of the victim and marital status 3 of the applicant, further considering that the medical report of the victim, I am not inclined to release the applicant on bail. 7. Accordingly, the present bail application filed by the applicant Shivlal Paikra is rejected. Sd/- (Ravindra Kumar Agrawal) Judge Sagrika