1 2025:CGHC:20814 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2623 of 2025 Hemant Netam S/o Chhanulal Netam Aged About 23 Years R/o Chitamada, P.S. Chhura, District Gariyaband Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Chhura, District Gariyaband Chhattisgarh ... Respondent (Cause title taken from Case Information System) For Applicant : Mr. C.R. Sahu, Advocate For Respondent/State : Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 06/05/2025 1. Pursuant to the order dated 03.04.2025, the notice issued to the victim has been served upon her, but neither she present physically or through virtual mode nor any representation has been made on her behalf to record her submission. Therefore, this Court proceeds to hear the bail application. 2. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.05.07 18:54:41 +0530 2 regular bail. The applicant has been arrested in connection with Crime No. 06 of 2025, registered at Police Station Chhura, District Gariyaband, Chhattisgarh for the offence under Sections 363, 366, 376(2)(n) of the IPC and Sections 04, 06 of the Protection of Children from Sexual Offences Act, 2012. 3. The case of prosecution, in brief, is that, on 09.01.2025, the father of the victim lodged a report to the police that on being seen the abdomen of her minor daughter bigger than its normal size, when they asked from her, she disclosed that she conceived pregnancy from the applicant and thereafter, they lodged the report against the applicant. The police has registered the offence under Sections 366 and 376(2)(n) of IPC and Sections 4 and 6 of POCSO Act, in which the applicant has been arrested on 10.01.2025 and charge sheet has been filed. 4. Learned counsel for the applicant would submit that the victim herself had made physical relation on her own will without raising any objection and she conceived pregnancy. She is residing in the house of the applicant and none of her family members have made any complaint, but it is on the instance of the community members, the report has been lodged. He would further submit that there is no admissible evidence with respect to the age of the victim. The applicant is in jail since 10.01.2025, final adjudication of the case will take its own time. Therefore, he may be enlarged on bail. 5. On the other hand, learned counsel for the State opposes and has submitted that as per the statement of the victim, the incident is of 3 the year 2022 and she conceived pregnancy in the year 2024. As per her statement, she was aged about 16 years and 08 months in the year 2024. As per her birth certificate, her date of birth is 17.04.2008. She would also submit that by the act of the applicant, the victim conceived pregnancy and ultimately delivered child and considering the nature of the allegation against the applicant, 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 the learned counsel for the parties, as also considering the nature of allegations and the material collected by the prosecution against the present applicant during investigation, further considering the evidence with respect to her age available in the charge sheet and also the manner in which she was subjected to rape by the applicant, I am not inclined to release the applicant on bail. 8. Accordingly, they present bail application filed by the applicant is rejected. Sd/- (Ravindra Kumar Agrawal) Judge ved