1 2025:CGHC:2335 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8646 of 2024 1 - Manoj Dahariya S/o Chander Dahariya Aged About 32 Years R/o Navagaon Dayali, Chowki Dindauri, Police Station Chilfi, District Mungeli Chhattisgarh. ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali, District Bilaspur Chhattisgarh. ... Respondent(s) For Applicant(s) : Dr. Arpit Lall, Advocate. For the State : Ms. Priya Sharma, Panel Lawyer. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 14/01/2025 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.489/2024 registered at Police Station City Kotwali, District Bilaspur (C.G.) for the offence punishable under Sections 137 (2), 87, 64, 3(5) of Bharatiya Nyay Sanhita (also mentioned 363, 366, 376 IPC in the order sheet) and Section 4 and 6 of Protection of Children from Sexual Offences Act, 2012. 2. The case of the prosecution is that the applicant has lured and NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.20 11:10:12 +0530 2 abducted minor girl aged about 13 years and 1 month at the time of incident and developed sexual relation with the victim. On the report of father of the victim, applicant was arrested on 05/11/2024. 3. Learned counsel for the applicant submits that applicant neither involved in the commission of kidnapping nor made any physical relationship with the victim, charge-sheet has not been filed and investigation will take time, victim herself called the present applicant and willfully went away with him, no previous criminal antecedent against the applicant and he is in jail since 05/11/2024, hence he prays for release on bail to the applicant. 4. Learned counsel for the State opposes the submission made by learned counsel for the applicant and submits that age of the prosecutrix is about 13 years and 1 month. Hence, he is not entitled for grant of bail. 5. Today victim and her parents appeared in person before this Court and has raised objection with regard to releasing the applicant on bail. Their objection is taken on record. 6. Heard learned counsel for the parties. 7. Considering the entire facts and circumstances of the case, nature and gravity of offence leveled against the applicant and minor girl aged about 13 years and 1 month at the time of incident has been sexually assaulted by the applicant, 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 Manoj Dahariya filed under Section 483 of BNSS involved in Crime No.489/2024 registered at Police Station City Kotwali, District Bilaspur (C.G.) for the offence 3 punishable under Sections 137 (2), 87, 64, 3(5) of Bharatiya Nyay Sanhita (also mentioned 363, 366, 376 IPC in the order sheet) and Section 4 and 6 of Protection of Children from Sexual Offences Act, 2012, is rejected. Sd/- (Arvind Kumar Verma) JUDGE Kamde