1 2025:CGHC:10400 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 727 of 2025 1 - Vishwajeet Patel/badtya@Koko S/o Narayan Badtya Aged About 27 Years R/o- Vivekananda Residency, Qrt. No. B-28, Chilhati, Mopka, Tahsil And District- Bilaspur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Sarkanda, District- Bilaspur (C.G.) ... Respondent(s) For Petitioner(s) : Shri Yatharth Singh, Advocate For Respondent/State : Ms. Pragya Shrivastava, Dy.GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 03/03/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No.769/2024 registered at police station Sarkanda, District Bilaspur (CG) for the offence punishable under Sections 137(1)(b) and 70(2) of the BNS and Section 4 & 6 of the Protection of Children from Sexual Offences Act, 2 2012. 2. Prosecution case in brief is that on 10.07.2024, mother of the prosecutrix lodged a written complaint at police station Sarkanda alleging that in the midnight of 8-9.07.2024, the main accused namely Nikhil Mishra, a juvenile (on bail) was a friend of her daughter and used to chat on phone. It is alleged that the applicant and one juvenile in conflict with law, called the victim who was aged about 13 years to the temple for deleting some old photographs in her mobile and when she went there, they administered some intoxicating tablet and she became unconscious. Taking advantage of her condition, they committed rape on her. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that there is no allegation of commission of rape against the applicant. He submits that the applicant is in jail since 11.07.2024, the charge sheet has been filed and the trial is likely to take some time, he is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail. 5. Learned counsel for the respondent/State, on the other hand, has opposed the bail application and submits that the victim is minor aged about 13 years. 6. Mother of the victim appeared through the concerned DLSA and have raised objection. 7. Heard counsel for the parties and perused the record. 3 8. On due consideration of the rival submissions, from the records it prima facie appears that the applicants after intoxicating her, had committed rape of the victim, who was aged about 13 years, therefore looking to the nature and seriousness of the offence, I am not inclined to release the applicant on bail. Accordingly, his bail application is rejected. Sd/- (Arvind Kumar Verma) Judge ( SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.03.05 11:18:28 +0530