1 2025:CGHC:795 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8358 of 2024 Lovekush Yadav S/o Shri Nakul Yadav Aged About 23 Years R/o Village Maniyari Police Station Saja, District- Bemetara, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Chowki- Devkar Police Station-Saja, District- Bemetara, Chhattisgarh. ---- Respondent (Cause title is taken from the CIS) ___________________________________________________________ For Applicant : Mr. Mahesh Kumar Mishra, Advocate For State-Respondent : Mr. Karan Bahrani, P.L. ___________________________________________________________ Hon'ble Shri Justice Arvind Kumar Verma Order on Board 06/01/2025 1. Heard Mr. Mahesh Kumar Mishra, counsel for the applicant and Mr. Karan Bahrani, P.L. for the State-Respondent. 2. In compliance of Court’s order dated 02.12.2024, today victim is appeared along with her mother before this Court through video 2 conferencing from the DLSA- Bemetara (C.G.). On being asked, she 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.233/2024 registered at Chowki Devkar, Police Station Saja , District Bemetara (C.G.), for the offence punishable under Sections 137(2), 351(2) & 65(1) of BNS, 2023 and Sections 4 & 6 of the POCSO Act. 4. Case of the prosecution, in brief is that, on 21.08.2024 at about 10:15 AM, the applicant has kidnapped the prosecutrix and committed sexual intercourse with her knowing that, she is the minor and when the prosecutrix returned to her home, father of the prosecutrix has lodged the report against the applicant. On the basis of said report, the police has registered the crime against the applicant arrested the applicant. 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, there is no incriminating material against the applicant, which held his guilty for commission of offence punishable under section offences mentioned above. He further contended that, as per medical report, there is no evidence with regard to the forcible intercourse against the prosecutrix and there is no any single injuries made on the body of the 3 prosecutrix. He further contended that, there is various differences between the forcible intercourse, consensual rape, kidnapping or abducting to the victim and as per the statement of prosecutrix. Tthe 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, applicant has no previous antecedent and he is in jail since 23.08.2024 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 the applicant may not be released on bail. 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 at the time of incident, age of victim was 14 years and 16 days and MLC Report is also positive. In view of the findings given by the trial Court and after considering other circumstances, it does not seem appropriate to grant bail to applicant/accused. Looking to 4 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. 9. Accordingly, the bail application of the applicant- Lovekush Yadav filed under Section 483 of the BNSS, involved in Crime No.233/2024 registered at Chowki Devkar, Police Station Saja, District Bemetara (C.G.), for the offence punishable under Sections 137(2), 351(2) & 65(1) of BNS, 2023 and Sections 4 & 6 of the POCSO Act, is rejected. 10. 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. 11. 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