1 2025:CGHC:9475 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 370 of 2025 Kishan Kumar Kanwar S/o Itwar Singh Kanwar Aged About 27 Years R/o Village Chhevadhara Chowki Jatga, P.S. Katghora, District Korba Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station Katghora, District Korba Chhattisgarh. ---- Respondent (Cause title is taken from the CIS) ___________________________________________________________ For Applicant : Mr. Vikas Kumar Pandey, Advocate For State-Respondent : Ms. Laxmeen Kashyap, PL ___________________________________________________________ Hon'ble Shri Justice Arvind Kumar Verma Order on Board 24/02/2025 1. In compliance of Court’s order, victim of this case appeared before this Court along with her guardian. On being asked they raised objection for grant of bail to the applicant. 2. This is the first bail application filed under Section 483 of the 2 BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.240/2024 registered at Police Station Katghora, District Korba (C.G.), for the offence punishable under Sections 452, 376(2)(n) of IPC and Section 6 of the POCSO Act, 2012. 3. Case of the prosecution, in brief, is that the uncle of the prosecutrix has lodged the report against the present applicant stating that the applicant has committed sexual intercourse with the prosecutrix. On receiving the said complaint, the police started the investigation and the applicant was arrested on 09.05.2024. 4. Learned counsel for the applicant contended that, the applicant is innocent and falsely implicated in the instant case. He further contended that there was affair between the applicant and the prosecutrix since long. It is also contended that the applicant is aged aged about 27 years and he is in jail since 09.05.2024 and due to long detention in jail with hard criminals, his life will be spoiled and the trial will take considerable time for its conclusion, therefore the applicant may be released on bail. 5. Learned State Counsel opposes the submissions made by learned counsel for the applicant and contended that at the time of incident, age of the prosecutrix was 14-15 years and she is unsound mind, therefore, the applicant may not be enlarged on 3 bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts of the case, submission made by learned counsel for the parties and further considering that the trial Court finds that the accused has forcibly established physical relations with a mentally challenged minor victim. The accused's prima facie involvement is evident in the case, this Court is of the opinion that in view of the serious nature of the crime, it does not seem appropriate to grant bail to the applicant/accused, hence, it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the bail application of the applicant filed under Section 483 of the BNSS, involved in Crime No.240/2024 registered at Police Station Katghora, District Korba (C.G.), for the offence punishable under Sections 452, 376(2)(n) of IPC and Section 6 of the POCSO Act, 2012, is rejected. 9. 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