1 2025:CGHC:2603 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7593 of 2024 1 - Manish Nishad S/o Raj Kumar Nishad, Aged About 19 Years R/o Ward No. 12 Vikash Nagar Chakarbhatha, Police Station- Chakarbhata, District- Bilaspur (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Chakarbhatha, District-Bilaspur, Chhattisgarh. ... Respondent(s) For Applicant(s) : Shri Ishan Verma, Advocate. For the State : Ms. Pushplata Xalxo, Advocate. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 15/01/2025 1. The applicant has preferred first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita for grant of regular bail as he has been arrested in connection with Crime No.428/2024 registered at Police Station Chakarbhatha, District Bilaspur (C.G.) for the offence punishable under Sections 376 (2) (N) of IPC and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012. 2. The case of the prosecution is that on 21/09/2024, a report was lodged at the Chakarbhatha police station by a relative of the victim, a 15 NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.20 11:18:35 +0530 2 years old minor, who had been residing with her for the past year. The victim disclosed to her relative on 19/09/2024 the details of the incidents that had ocurred a year ago, while she was out for a walk around 4 p.m.. the accused lured her to a room on the roof of his house and forcibly established physical relations with her. The accused continued this conduct, waiting for the victim whenever she went for a walk, repeatedly taking her to the same location and engaging in physical relations. The last instance of such an act occurred approximately four months ago. As a result of these repeated incounters, the victim became six months pregnant. Upon this report, a case was registered 4 & 6 of POCSO Act. 3. Learned counsel for the applicant submits that he has no previos criminal antecedent against the applicant, prosecutrix and applicant was love affairs, applicant is student of 20 years of age and he is in jail since 03/10/2024 and trial will take more time, hence he prays for release on bail to he applicant. 4. Learned counsel for the State opposes the submission made by learned counsel for the applicant and submits that age of the prosecutrix is 14 years and 6 months and 24 days at the time of incident. Hence, he is not entitled for grant of bail. 5. On 25/11/2024 maternal aunt of the prosecutrix (Bua) appeared through DLSA and raised her objection in granting bail to the applicant. 6. Heard learned counsel for the parties. 7. Looking to the age of the victim i.e. approximately 15 years and she has pregnant about 6 months with physical relation made by the accused/appicant, this Court is of the opinion that it is not a fit case to 3 enlarge the applicant on regular bail. 8. Accordingly, the bail application of the applicant Manish Nishad filed under Section 483 of BNSS involved in Crime No.428/2024 registered at Police Station Chakarbhatha, District Bilaspur (C.G.) for the offence punishable under Sections 376 (2) (N) of IPC and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012, is rejected. However, the trial Court is directed to expedite the trial and dispose of the case as early as possible. Sd/- (Arvind Kumar Verma) JUDGE Kamde