1 2025:CGHC:6407 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 164 of 2025 1 - Sadauram @ Vishal Mandavi S/o Mankuram Mandavi Aged About 22 Years R/o Gavadi, P.S.- Dhanora, District Kondagaon (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through - Police Station Kondagaon, District Kondagaon (C.G.) ... Respondent(s) For Applicant (s) : Shri Aditya Dhar Diwan, Advocate. For the State : Shri Pranjal Shukla, Panel Lawyer. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 04/02/2025 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.36/2024 registered at Police Station Dhanora, District Kondagaon (C.G.) for the offence punishable under Sections 376, 376(2)(n) of IPC, Section 4, 6 of POCSO Act. 2. The case of the prosecution is that the complaint was lodge by the mother of the victim/prosecutrix on 01.09.2024 stating that her 2 daughter/victim is 14 years and 5 months old girl, studying in 9th standard at school. She further states that on 30.08.2024 when she noticed a bulge in the belly of the victim (her daughter), she inquired about it from the victim. To which the victim/prosecutrix told her mother that when the prosecutrix had went to a marriage on 31.03.2024, she received a call at about 10:00 pm from the accused Vishal, and he asked her to come out of the marriage place and meet him near a mango tree outside. When the victim went out to meet the accused he made physical relation with her. Thereafter, on 05.05.2024 the victim/prosecutrix had went to a village fair and while returning from the fair at about 11:00pm she was accompanied by the accused, Pratima and Sunita on a motorcycle driven by the accused. Pratima and Sunita took stop at petrol-pump, Baniyagaon and the accused took her on his motorcycle to Bhatgaon Jungle and again made physical relation with her. After which the accused left her at Dumrapara Road and left. 3. Learned counsel for the applicant submits that applicant and victim were in love relationship with each other and whatever physical intimacy happened between them was consensual and out of their relation with each other, trial will take more time to conclude the trial, applicant is 22 years and his entire career will be in dark if he could not be enlarged on bail, 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 14 years and 5 months. Hence, he is not entitled for grant of bail. 5. Today, victim along with her father appeared before this Court through NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.02.07 10:48:23 +0530 3 video conferencing and submits that they have no objection with regard to releasing the applicant on bail. 6. Heard learned counsel for both the parties. 7. Though father of the victim has not raised objection and as per case diary age of the victim is 14 years and 5 months, on the date of incident i.e. on 31/03/2024 and at the time of lodging report victim pregnant of 23 weeks, 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 Sadauram @ Vishal Mandavi filed under Section 483 of BNSS involved in Crime No.36/2024 registered at Police Station Dhanora, District Kondagaon (C.G.) for the offence punishable under Sections 376, 376(2)(n) of IPC, Section 4, 6 of POCSO Act, is rejected. Sd/-Sd/- (Arvind Kumar Verma) JUDGE Kamde