1 2025:CGHC:792 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8295 of 2024 Chhatrpal Sahu S/o Fakirchand Sahu Aged About 20 Years R/o Dhaneli, P S Gurur, District Balod, Chhattisgarh (In Jail) (Dhanli Wrongly Mentioned In Impuged Order) ... Applicant versus State Of Chhattisgarh Through The S H O, P.S. Gurur, District Balod, C.G. ---- Respondent (Cause title is taken from the CIS) ___________________________________________________________ For Applicant : Mr. Sabyasachi Bhaduri, Advocate For State-Respondent : Ms. Vaishali Mahilong, P.L. ___________________________________________________________ Hon'ble Shri Justice Arvind Kumar Verma Order on Board 06/01/2025 1. Heard. 2. In compliance of Court’s order dated 28.11.2024, today victim is appeared along with her father before this Court through video conferencing from the DLSA- Balod (C.G.) and on being asked, 2 he raised objection to release the applicant on bail. 3. This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.66/2024 registered at Police Station Gurur, District Balod (C.G.), for the offence punishable under Sections 305, 376(2)(n) of the IPC and Sections 5(l) & 6 of the POCSO Act. 4. Case of the prosecution, in brief is that, father of the applicant, Fakirchand Sahu lodged a merg report being Merg No. 15/2024 informing that the porsecutrix hanged herself inside his house after bolting the door from inside. During investigation and from the statement of the witnesses, it was revealed that the prosecutrix was in a relationship with the accused since 2018. The police retrieved the telephonic chats and call logs of the prosecutrix and the applicant. The memorandum statement of the applicant was recorded wherein his mobile was recovered by the police. It was also unveiled that the father of prosecutrix and had also asked both the parties to abstain from saying from each other. However, the prosecutrix continued to speak to him and finally on the date of the incident the prosecutrix came to his house and requested the applicant to run away from their parents and get married. The applicant refused for the same as the prosecutrix was a minor and therefore, he asked her to go back to her house. When the applicant went away for taking a 3 bath the prosecutrix bolted the door from inside and hanged herself. 5. Learned counsel for the applicant contended that the applicant is an innocent and has been falsely implicated in the said case. He further contended that, the deposition of the father of the prosecutrix has already been recorded and as such there is no apprehension of tampering of evidence. The father of the prosecutrix has already been examined and he has not deposed anything with respect to the sexual relation of the applicant and the prosecutrix. He further contended that, medical report of the prosecutrix suggests that no injury has occurred to the prosecutrix which will fortify the possibility of rape. He further contended that, applicant is 20 years old and is a student therefore imprisonment during trial would adversely affect his mental health. The prosecutrix was a minor therefore she cannot be given a false pretext of marrige as the marriage will be void. Applicant has no previous criminal antecedent and he is in jail since 16.03.2024 and the trial will take considerable time for its conclusion, therefore, the applicant may be released on bail. 6. Learned State Counsel opposes the submissions made by learned counsel for the applicant and submits that looking to the offence registered against the applicant, he may not be released on bail. 4 7. I have heard learned counsel for the parties and perused the case diary. 8. Considering the facts of the case, submission made by learned counsel for the parties and further considering that the trial Court finds that; according to the charge sheet, the prosecution has filed in the case a certified copy of the birth certificate and class 5th mark-sheet regarding the age of the victim, according to which the date of birth of the victim is 07-08-2007 and the incident is of the year 2018, from which it appears prima facie that the victim was a minor girl below 18 years of age on the date of the incident. The victim, a minor girl below 18 years of age, has committed suicide by hanging herself. It is shown from the observation of the case that the accused/applicant had a love affair with the deceased and had physical relations with her several times knowing her to be a minor. In the case, only the prosecution has given the evidence. Only the father of the victim has been examined, the evidence of all other witnesses is yet to be recorded. The offence alleged against the accused is of serious nature and there is a strong possibility of the accused influencing the witnesses if he is given the benefit of bail, hence it does not appear appropriate to release the applicant/accused on bail. 9. In view of the findings given by the trial Court and after considering other circumstances, it does not seem appropriate to 5 grant bail to this applicant/accused. Looking to the nature and gravity of the offence, this Court is of the opinion that is not a fit case to enlarge the applicant on bail. 10. Accordingly, the bail application of the applicant- Chhatrpal Sahu filed under Section 483 of the BNSS, involved in Crime No.66/2024 registered at Police Station Gurur, District Balod (C.G.), for the offence punishable under Sections 305, 376(2)(n) of the IPC and Sections 5(l) & 6 of the POCSO Act, is rejected. 11. However, this Court hopes and trust that the trial Court shall make an earnest endeavour to conclude the trial in accordance with law as expeditiously as possible, if there is no legal impediment. 12. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) Judge Vasant VASANT KUMAR Digitally signed by VASANT KUMAR