1 2025:CGHC:61729 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9913 of 2025 1 - Khileshwar Nishad S/o Rajendra Nishad Aged About 23 Years Resident Of Village Sonda, P.S. Dharsiwa, District Raipur Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Station House O(cer, Police Station Dharsiwa, District Raipur (C.G.) ---Non-Applicant For Applicant : Mr. Pushpendra Kumar Patel, Advocate For-Non-applicant : Ms. Nupur Trivedi, P.L. Hon’ble Shri Arvind Kumar Vema, Judge Order on Board 17/12/2025 1. This is the 2rst bail application 2led under Section 483 of the B.N.S.S. for grant of regular bail to the applicant who has been arrested in connection with Crime No. 302/2025 registered at Police Station Dharsiwa Raipur (C.G.), for the o8ence punishable under Sections 64 (1), and Section 4(1) of POCSO Act. 2. In pursuance of notice issued to victim, today, victim aappeared before this Court through DSLA Raipur and raised objection in releasing the applicant on bail. 3. The allegation against the present applicant as per the prosecution case is that, the present applicant knowing the fact that the prosecutrix was a minor, he is said to have had committed sexual intercourse. Subsequently, an F.I.R. in this regard was lodged and the present applicant has been arrested on 24.06.2025. 4. It has been argued by the learned counsel for the applicant that there is love a8air between the applicant and the prosecutrix. It is further Digitally signed by JYOTI JHA Date: 2025.12.20 13:19:22 +0530 2 submitted that the prosecutrix was a consenting party and she had established relationship with the applicant. The applicant is in jail since 24.06.2025, therefore he prays that the applicant be enlarged on bail. 5. Learned counsel for the State however opposing the bail application submits that the consent of the prosecutrix is immaterial for the reason that the prosecutrix was a minor and thus prayed for rejection of bail application. 6. Having heard the contentions put forth on either side and on perusal of records, particularly considering the fact that the prosecutrix was minor at the time of incident and the consent of the prosecutrix was immaterial, this Court is of the view that present is not a 2t case for grant of bail. Accordingly, the bail application of the applicant is rejected, at this stage. 7. The O(ce is directed to send a certi2ed copy of this order to the trial Court for necessary information. Sd/- (Arvind Kumar Verma) Judge Jyoti