1 2025:CGHC:4311 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 118 of 2025 1 - Rahul Chauhan S/o Late Sohan Chauhan Aged About 20 Years R/o Ward No. 08, Sarovar Maarg, Railway Station, Manendragarh, P.S. Tehsil- Manendragarh, Distt-M.C.B. (C.G.) ... Applicant (s) versus 1 - State Of Chhattisgarh Through Station House Officer, P.S.- Jhagrakhand, Dist- M.C.B. (C.G.) ... Respondent(s) For Applicant (s) : Shri Ramsajiwan, Advocate. For the State : Shri Pranjal Shukla, Panel Lawyer. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 23/01/2025 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.69/2024 registered at Police Station Jhagrakhand, District M.C.B. (C.G.) for the offence punishable under Sections 137, 87, 65(1) of B.N.S. and Sections 4(2) of POCSO Act. NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.25 17:22:30 +0530 2 2. The case of the prosecution is that mother of the prosecutrix lodged a missing report before the Police Station Jhagrakhand that on the date of incident the prosecutrix went missing from her house and when the complainant and her husband inquired about the prosecutrix in the neighborhood they did not found her. Thereafter the concerned police officials registered the crime and after investigation arrested the applicant for aforesaid crime. 3. Learned counsel for the applicant submits that she has not subject to threaten or forcible intercourse, there was love relation between victim and applicant, in Court statement she herself admit that she went to meet the applicant, charge-sheet has been filed, no previous criminal antecedent against the applicant and applicant is in jail since 11/07/2024, hence he prays for release on bail to the applicant. 4. Today victim’s mother has appeared before this Court through video conferencing from the concerned DLSA and raised her objection. Her statement is taken on record. 5. Learned counsel for the State opposes the submission made by learned counsel for the applicant and submits that age of the prosecutrix is only 12 years 3 months. Hence, he is not entitled for grant of bail. 6. Heard learned counsel for the parties. 7. Considering the entire facts and circumstances of the case, gravity of the offence leveled against the applicant and looking to the age of the prosecutrix and it is case where applicant has committed forcible sexual intercourse with minor girl aged about 14 years, 7 months and 23 days and FSL report is also positive, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 3 8. Accordingly, the bail application of the applicant Rahul Chauhan filed under Section 483 of BNSS involved in Crime No.69/2024 registered at Police Station Jhagrakhand, District M.C.B. (C.G.) for the offence punishable under Sections 137, 87, 65(1) of B.N.S. and Sections 4(2) of POCSO Act, is rejected. Sd/-- (Arvind Kumar Verma) JUDGE Kamde