1 2025:CGHC:7945 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 536 of 2025 Narayan Sahu S/o Basavan Sahu Aged About 34 Years R/o- Atal Chowk Boriyakhurd P.S. Tikrapara District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Tikrapara District- Raipur (C.G.). ---- Respondent (Cause title is taken from the CIS) ___________________________________________________________ For Applicant : Mr. F.S. Khare, Advocate For State-Respondent : Mr. Karan Bahrani, P.L. ___________________________________________________________ Hon'ble Shri Justice Arvind Kumar Verma Order on Board 14/02/2025 1. In compliance of Court’s order dated 21.01.2025, victim and her mother appeared before this Court through video conferencing from the DLSA Raipur. On being asked, they have raised objection to release the applicant on bail. 2 2. 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.450/2024 registered at Police Station Tikrapara, District Raipur (C.G.), for the offence punishable under Sections 376, 376(2)(n), 506 of the IPC and Section 6 of the POCSO Act, 2012. 3. Case of the prosecution in brief is that the victim was talking with someone in a mobile phone and when mother asked than she did not state as to who she is talking. The mother saw the mobile number and saw that the victim was talking with Narayan. On 15.05.2024, mother taken the victim for counseling at "Open shelter Home, Telibandha and during counseling, the victim narrate the incident that the accused Narayan Sahu is making physical relation with her since last one year, the victim is under 16 years age. After getting the knowledge about the incident, a report is lodged by the Superintendent of shelter home on 07.06.2024 at police station Tikrapara. The accused arrested and after investigation, the charge sheet has been filed. 4. 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 as per the applicant, he has not committed any alleged offence. As per statement of victim and her mother, there was dispute with the applicant and there is every possibility to implicate the applicant in a false case. There 3 is delay of about one year in lodging the report. At the time of incident, age of victim is more than 18 years of age. The applicant is in jail since 07.06.2024 and the trial will take considerable time for its conclusion, therefore, the applicant may be released on bail. 5. Learned State Counsel opposes the submission made by learned counsel for the applicant and submits that the applicant may not be released on 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 the fact that at the time of incident, aged of the applicant was 34 years married person while the victim was a minor girl. 8. In view of its seriousness and after considering other circumstances, it does not seem appropriate to grant bail to this applicant/accused. Looking to the nature and gravity of the offence, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 9. Accordingly, the bail application of the applicant filed under Section 483 of the BNSS, involved in Crime No.450/2024 registered at Police Station Tikrapara, District Raipur (C.G.), for 4 the offence punishable under Sections 376, 376(2)(n), 506 of the IPC and Section 6 of the POCSO Act, 2012, is rejected. 10. 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