1 2025:CGHC:153 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8144 of 2024 1 - Suraj Das Mahant S/o Samaru Das Mahant Aged About 19 Years Caste- Panika R/o Village Gaare, Tahsil And P.S. Tamnar, District Raigarh, C.G. (In Jail) ... Applicant Versus 1 - State Of Chhattisgarh Through The Station House Officer, P.S. Lailunga, District Raigarh, C.G. ... Non-applicant For Applicant : None For Non-Applicant : Ms. Mukta Tripathi, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 02/01/2025 1. This is the third bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 227/2023 registered at Police Station – Lailunga, District – Raigarh, Chhattisgarh for the offences punishable under Sections 363, 366, 376 (2) (n) of the Indian Penal Code, 1860 and under Sections 6 & 8 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and under Section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. Case of the prosecution is that, complainant lodged report in concerned police station to the effect that on 05.07.2023 applicant took the minor SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 victim towards Chimtapaani forest and established physical relation with her on the pretext of marriage. Thereafter, on 01.08.2023, applicant took the victim to Raigarh on motorcycle and there, he confined her in his house. Based on the said report, aforementioned crime was registered and during investigation, victim was recovered from the house of applicant. Applicant was arrested on 08.12.2023. 3. In the application, the grounds for grant of bail is pleaded that as there is no direct evidence available on record against the applicant of committing the aforementioned offence, the prosecutrix/victim is examined before the learned Trial Court and there are contradictions and ommissions in the statement of the victim. 4. On the other hand, learned State counsel opposes the contents and pleadings made in the application and would submit that the statement of victim recorded under Section 161 and 164 of Cr.P.C. is also placed before the Court and there is specific allegation against the applicant that the applicant took her to a secluded placed and established physical relation with her. On the date of incident, victim was less than 15 years of age and further, the victim was recovered from the house of the applicant on 03.08.2023. There is one eye-witness to the incident also who have supported the statement of the victim. 5. Pursuant to the notice issued by this Court, victim along with her uncle appeared before this Court through virtual mode from D.L.S.A. Raigarh, District – Raigarh and they submit that they are having objection in grant of bail to the applicant. 6. I have heard learned counsel for the State. 7. This is the third bail application. The second bail application was dismissed on merits vide order dated 04.07.2024 in M.Cr.C. No. 4333/2024 considering the similar submissions made by the counsel for 3 the applicant, there is no change in circumstances. As there is no change of circumstances in the present case, therefore, I do not find any good ground to allow the third application for grant of bail. 8. Accordingly, the bail application for grant of bail is dismissed. However, considering the period of pre-trial detention of the applicant, learned Trial Court is directed to expedite the trial. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey