1 2025:CGHC:57195 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8873 of 2025 Sikandar Singh S/o Udaybhan Singh Aged About 25 Years R/o Village Badara, P.S. Sonhat, Koriya, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, P.S. Kelhari, Distt. Manendragarh- Chirmiri-Bharatpur, Chhattisgarh. ---- Respondent For Applicant : Mr. Ramsajiwan, Advocate For Respondent/State : Mr. Priya Sharma, PL For Victim : Ms. Shivali Dubey, Advocate appears as amicus curiae Hon'ble Shri Justice Arvind Kumar Verma Order on Board 25/11/2025 1. Learned State counsel would submit that pursuant to order dated 07.11.2025, notice issued to the victim/prosecutrix and her father has been served. Despite service of notice, no one appeared to make 2 submission on the bail application of the applicant, therefore, this Court proceed to hear application of the applicant. 2. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 28.06.2025 in connection with Crime No.28/2025 registered at Police Station Kelhari, District Manendragarh-Chirmiri-Bharatpur (C.G.) for the offence under Sections 137(2), 64(2)(m), 65(1) & 87 of BNS, Section 5(L) & 6 of the POCSO Act. 3. Brief facts of this case are that the applicant has taken the prosecutrix with him at Janakpur and in the rented house have made sexual intercourse with her regularly, therefore crime has been registered and filed the charge sheet before the concerned Court. 4. Learned counsel for the applicant would submit that the present applicant is innocent person and he has been falsely been implicated in the present case, the prosecution has framed a false and concocted story against the present applicant. No such act has been committed by the applicant, for which the offence has been registered against him. Besides the above, the evidence collected by the prosecution are also not prima-facie sufficient to hold the applicant guilty of the aforesaid offences. By going through the prosecution story itself, it seems that the prosecutrix out of her own will and wish has went along with the applicant and has raised no alarm and the physical relation as stated in the prosecution story is also not against the will and wish of the 3 prosecutrix. The applicant is in jail since 28.06.2025, final adjudication of the case will take its own time, therefore, the applicant may be enlarged on bail. 5. Per contra, learned counsel for the State as well as the victim opposes the bail application submitted by the applicant and submits that at the time of incident, the victim was a minor girl aged about 14 and she was subjected to sexual intercourse by the applicant therefore, the applicant is not entitled for bail. 6. I have heard learned counsel for the parties, perused the case diary and other materials available on record. 7. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation, further considering the allegation against the applicant and the fact that at the time of incident, the victim was a minor girl aged about 14 and she was subjected to sexual intercourse by the applicant, I am not inclined to release the applicant on bail. 8. Accordingly, the bail application of the applicant involved in Crime No.28/2025 registered at Police Station Kelhari, District Manendragarh-Chirmiri-Bharatpur (C.G.) for the offence under Sections 137(2), 64(2)(m), 65(1) & 87 of BNS, Section 5(L) & 6 of the POCSO Act, is rejected. 4 9. However, this Court hopes and trust that the trial Court shall make an earnest endeavour to conclude the trial in accordance with law as expeditiously as possible. Sd/- (Arvind Kumar Verma) Judge Vasant