1 2025:CGHC:20254 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2591 of 2025 1 - Pankaj Kumar S/o Rajkumar Pradhan Aged About 24 Years R/o Gram Visheshara Thana Pendra District - Gaurela Pendra Marwahi (C.G.) ... applicant versus 1 - State Of Chhattisgarh Through Thana Pendra Chowki Kotmi District - Gaurela Pendra Marwahi (C.G.) ... Respondent(s) For applicant : Ms. Neeta Tulsani Thawani, Advocate For Respondent(s) : Mr. Karan Kumar Baharani, Panel Lawer S.B. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on board 02.05.2025. 1. Heard on the application filed under Section 483 of Bhartiya Nagrik Surksha Sanhita, 2023 for grant of bail. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 15.01.2025 in connection with Crime No. 18/2025 registered at P.S. Gaurela Pendra Marwahi (CG) for the offence under Sections 65(1), 332(b), 351 (3) of B.N.S. and Section 4 of Protection of Children from Sexual Offences Act, 2012 (in short POCSO Act). SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.05.06 10:24:08 +0530 2 2. Pursuant to the order dated 02/04/2025, notice issued to the victim has been served upon her but neither the victim nor any representation is made on her behalf to record their statement, therefore, this Court proceed to hear the bail application. 3. The case of the prosecution is that on 14.01.2025, the victim lodged a written complaint against the applicant that at about 1 pm when she was alone in her house, the applicant entered into her house, closed the door from inside and dragged her towards her room and committed rape upon her. After committing rape, he threatened her and fled away. On the same day, the report has been lodged on which the FIR under Section 65(1), 332 (b), 351 (3) of B.N.S. and section 4 of POCSO Act have been registered. The applicant has been arrested on 15.01.2025 and charge-sheet has been filed. 4. Learned counsel for the applicant would submit that totally imporbally story have been developed by the victim as it was the day of Makar Sankranti Festival and a number of persons present at the spot but no one has heard the noise of the victim. In a brought day light, it was not possible for the applicant to enter into her house and committing rape upon her. She would further submit that the father of the applicant was in encroachment of some land in the village who was having dispute with Sarpanch of the village and it is from the instance of the Sarpanch the report has been lodged against the applicant. She would further submit that the victim has been examined before the learned trial Court and there are material contradictions in her statement. The applicant is in jail since 15.01.2025, final adjudication of the case will take its own time, therefore, the applicant may be released on bail. 5. On the other hand, learned counsel for the State opposes and has submitted that from the material collected during the investigation, the victim is minor and aged about 15 years. Immediately the report has been lodge and in 3 which she made allegation that on the same day at about 1 PM the applicant entered into her house and committed rape upon her. He would read over Section 183 B.N.S.S. statement of the victim and submitted that there is sufficient evidence available in the charge sheet against the applicant and he is not entitled for bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and material collected during the investigation, particularly considering the age of the victim and prompt report has been lodged by the victim and also in view of her 183 B.N.S.S. statement, I am not inclined to release the applicant on bail at this stage. 8. In view of the above, the application filed by the applicant under Section 483 of Bhartiya Nagrik Surksha Sanhita, 2023 for grant of regular bail is hereby rejected. Sd/- (Ravindra Kumar Agrawal) Judge Sagrika