1 2025:CGHC:5905 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7797 of 2024 1 - Prabhu Kumar Manhar S/o Ramkumar Manhar Aged About 19 Years R/o Vidyadih, Tangar, Police Station- Pachpedi, District- Bilaspur (Chhattisgarh) ... Applicant (s) versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station- Pachpedi, District- Bilaspur Chhattisgarh ... Respondent(s) For Applicant (s) : Ms. Priyanka Rai Mishra, Advocate appearing on behalf of Shri G.L. Uike, Advocate. For the State : Ms. Sunita Sahu, Panel Lawyer. Honn’ble Shri Justice Arvind Kumar Verma Order on Board 31/01/2025 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.278/2024 registered at Police Station Pachpedi, District Bilaspur (C.G.) for the offence punishable under Sections 137(2), 87, 65(1), 64(2) (M) of B.N.S. and Section 3(A), 4(2) & 5(L)/6 of Protection of Children from Sexual Offences Act, 2012. NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.02.04 10:49:43 +0530 2 2. The case of prosecution in brief is that on 09.09.2024, the father of victim lodged report regarding missing of prosecutrix since 08.09.2024, upon which, the offence U/s 137(2) of BNS was registered against unknown person and during course of investigation, the victim was recovered on 13.09.2024 from Bhusawal Railway Station and her statement was recorded, in which, she has stated that the applicant has committed sexual intercourse with her since last 1 year and on the date of incident, the applicant took her towards Ahmedabad and while returning from Ahmedabad to Nagpur, they were caught by Railway Police, Bhusawal. On the basis of statement of victim, the aforesaid offences have been registered against the applicant. 3. Learned counsel for the applicant submits that he has falsely implicated in the present case and he has not committed any offence. He further submits that applicant and victim are having love affair and looking to the conduct of victim as well as material collected by the prosecution, it is evident that the victim is willing and consenting party, trial will take more time to conclude the trial, hence he may kindly be released on bail. 4. Learned counsel for the State opposes the submission made by learned counsel for the applicant and submits that offence committed by applicant with minor girl is of grievous nature. Hence, he is not entitled for grant of bail. 5. Today, father of the victim has appeared before this Court through video conferencing from the concerned DLSA and raised serious objection with regard to grant of bail to the applicant. His statement is taken on record. 3 6. I have heard learned counsel for the parties at length with and perused the record with utmost circumspection. 7. On perusal of the case diary it is found that the age of the victim mentioned as 13 years and 8 months as per Dakhil-Kharij register and 5th class mark-sheet, charge-sheet has been filed before the concerned Court and charges were framed, there were six witnesses have been examined. Learned counsel for the applicant trying to emphasis the evidence recorded before the trial Court with regard to the age of the victim, but this Court at this stage not appreciate the evidence and the witnesses, he is in jail since 15/09/2024, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the bail application of the applicant Prabhu Kumar Manhar filed under Section 483 of BNSS involved in Crime No.278/2024 registered at Police Station Pachpedi, District Bilaspur (C.G.) for the offence punishable under Sections 137(2), 87, 65(1), 64(2) (M) of B.N.S. and Section 3(A), 4(2) & 5(L)/6 of Protection of Children from Sexual Offences Act, 2012, is rejected. However, learned trial Court is directed to expedite the trial as soon as possible if there is no legal impediment. Sd/- (Arvind Kumar Verma) JUDGE Kamde