1 2025:CGHC:19356 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2187 of 2025 1 - Raju Yadav S/o Shri Rupsingh Yadav Aged About 26 Years R/o 03 Bhatapara, Village- Salhi, P.S.- Sarangarh, District- Sarangarh-Bilaigarh (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Police Station Sarangarh, District- Sarangarh-Bilaigarh (C.G.) ... Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate For Non-applicant : Ms. Laxmin Kashyap, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 29.04.2025 1. Heard on the application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS, 2023). This is the first bail application before this Court filed by the applicant for grant of regular bail. 2. The applicant was arrested on 14.09.2024 in connection with Crime No. 650 of 2024 registered at PS-Sarangarh, District- Sarangarh- Bilaigarh, 2 Chhattisgarh for the offence punishable under Sections 65, 64(2-m) of BNS, and Section 4(2)5(l)/6 of POCSO Act, 2012. 3. Case of the prosecution in brief is that on 13.09.2024, the victim lodged the report that in between the period of 02.06.2024 to 31.07.2024, she was sexually exploited by the appellant on the pretext of marriage. He repeatedly threatened her to defame her in the society and ultimately, on 28.08.2024 also when he threatened her, she lodged the report on 13.09.2024. The FIR has been registered against the applicant and he was arrested on 14.09.2024 and the chargesheet has been filed. 4. Learned counsel for the applicant would submit that the applicant has been falsely implicated in the crime in question. He would further submit that there is no cogent evidence with respect to the age of the victim, she was having love affair with the applicant and wrote a numbers of love letters which has been exhibited during the trial and she also admitted this fact in her deposition. There is no injuries found on the body of the victim. He would also submit that the victim herself provoked the applicant to indulged in relationship with her but he refused for the same and to create pressure upon the applicant, she made report against him. The applicant is in jail since 14.09.2024 and conclusion of trial will take some time, therefore, he may be released on bail. 5. On the other hand, learned State counsel opposes the bail application, and would submit that from the material collected during investigation, the victim appears to be aged about 16 years, she was pressurised by the applicant to made physical relation on the pretext of marriage and also the applicant threatened her, if she would not corporate with him, he would defame her. Looking to the continues pressure upon her, she ultimately lodged the 3 report. There is sufficient evidence against the applicant in the chargesheet therefore, he is not entitled for bail. 6. Heard learned counsel for the parties and perused the material annexed with the bail application. 7. Considering the submissions made by learned counsel for the parties, also considering the nature of allegation and the material collected during the investigation, particularly considering the age of the victim and also her statement recorded under Section 183 of BNSS, 2023, I am not inclined to release the applicant on bail. So far as her deposition and written love letters are concerned, it is a matter of trial which has to be considered by the learned trial court at the time of final adjudication of the case. 8. Accordingly, the bail application filed by the applicant- Raju Yadav is Dismissed. Certified copy as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE amita Digitally signed by AMITA DUBEY Date: 2025.05.06 09:26:53 +0530