1 2025:CGHC:232 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7775 of 2024 Gaurishankar @ Bilee S/o Sushil Jangde Aged About 35 Years R//o Village Dighauri Police Station Pathariya, District- Mungeli, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station Pathariya, District- Mungeli, Chhattisgarh. --- Respondent For Applicant : Mr. Dheerendra Pandey, Advocate For Respondent/State : Ms. Pragya Shrivastava, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 02/01/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.320/2023, registered at PS - Pathariya, District- Mungeli, (C.G.), for commission of offence punishable under Sections 363, 366, 376 (2)(n) 34 of Indian Penal Code and Section 4 & 6 of the Protection of Children from Sexual Offences Act. 2. As per prosecution case, present applicant has abducted the minor victim and committed forceful sexual intercourse with her. Based upon report lodged by parents of victim, FIR was registered against the applicant and he has been arrested on 03.10.2024 on the aforementioned crime/offence. 2 3. Learned counsel for applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. It is case of consent, applicant has not enticed the prosecutrix, prosecutrix herself went alongwith the applicant as they were in love affair with each other. As per case of prosecution at the time of alleged incident, victim was minor, but no conclusive evidence placed on record to show that on the alleged date victim/prosecutrix was below 18 years of age. Applicant is in jail since 03.01.2024, conclusion of trial may take time, hence, applicant may be enlarged on regular bail. 4. Learned State Counsel opposes submission of learned counsel for applicant and submits that prosecutrix has levelled serious allegations against the applicant in her statements recorded under Section 161 & 164 of Cr.P.C. hence, he is not entitle for grant of regular bail. However on putting specific query to State Counsel with regard to any criminal antecedent against applicant, after going through case diary, she submits that there are two previous criminal antecedents against the applicant. 5. Heard learned counsel for the parties. 6. On 10.12.2024, victim/prosecutrix alongwith her father appeared before this Court by virtual mode from concerned DLSA. She raised strong objection in granting bail to applicant. 7. Prosecutrix in her statement recorded under Section 164 of Cr.PC has stated that on 27.12.2023 present applicant abducted her and took her to Raipur and, thereafter, committed forceful sexual intercourse with her on many occasion. 8. Considering entire facts and circumstances of case, nature of allegations, submission of counsel for the respective parties, statement of prosecutrix in which she made specific allegation against present applicant, further considering that there are two previous criminal antecedents registered 3 against the applicant, I am not inclined to allow this application. 9. Accordingly, bail application is hereby rejected. Sd/- (Arvind Kumar Verma) Judge J.