1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7545 of 2025 1 - Rohit Kumar Sarthi S/o Sukman Sarthi Aged About 18 Years R/o Village- Kalakhunta, P.S. Dongriali, District- Sarangarh Bilaigarh (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through- Police Station- Dongaripali, District- Sarangarh Bilaigarh (C.G.) ... Non-applicant(s) For Applicant(s) : Ms. Sareena Khan, Advocate. For Non-applicant(s) : Ms. Priya Sharma, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 17/10//2025 1. Pursuant to the order dated 19.09.2025, father of the victim appeared through virtual mode from DLSA, Sarangah and raised objection in granting bail to the applicant, his objection is taken on record. 2. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 12.12.2024 in connection with Crime No. 21/2024 registered at Police Station Dongaripali, District Sarangarh Bilarigarh (C.G.) for the offence under Sections 363, 366, 376(2) (n), of IPC and under Section 5(l)/6 and 5(J)(ii)/6 of POCSO Act. 3. The case of the prosecution is that on 11.04.2024, the father of the victim lodged a missing report that his minor daughter is missing since 08.04.2024 and her whereabouts could not be traced out. The police has registered the ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.10.17 19:14:07 +0530 2 offence under Section 363 of IPC and started investigation. During the investigation the victim was recovered on 09.12.2024 from the possession of the applicant from Karnataka. She was being taken to Police Station and after recording her statement the other offences of Section 366, 376(2)(n) of IPC and Section 5(l)/6 and 5(J)(ii)/6 of POCSO Act have been added. The applicant has been arrested on 12.12.2024 and charge-sheet has been filed. 4. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the offence. The victim was the consenting party and she on her own will had gone with the applicant to Karnataka where both of them resided without raising any objection. The victim has engaged in making consensual physical relation and has not raised any alarm and has not raised any objection. There is no legally admissible document with respect to her age. The applicant is in jail since 12.12.2024, and final adjudication of the case will take its own time. She would further submits that the victim has been examined before the learned trial Court and there are material discrepancies in her evidence, therefore, he may be enlarged on bail. 5. On the other hand, learned counsel for the State opposes and submitted that from the material available in the charge-sheet, the victim had minor on the date of incident. She was being kidnapped by the applicant and taken to Karnataka. The victim was conceived pregnancy and she has got aborted her fetus after due permission obtained from the Court. The DNA report of the fetus was found positive and the applicant has been found biological father of the fetus of the victim. Considering the evidence available in the charge-sheet, the applicant is not entitled for bail. 6. I have heard learned counsel for the parties and perused the material annexed with the petition as well as case diary. 7. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the 3 investigation, further considering the age of the victim and further that the DNA report has been found positive, I am not inclined to release the applicant on bail, his bail application is rejected. 8. Further considering the fact that the appellant is in jail since 12.12.2024, the learned trial Court is directed to expedite the trial. Sd/- (Ravindra Kumar Agrawal) Judge Alok