1 2025:CGHC:61908 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9424 of 2025 • Hilendra Markandey Son Of Rajesh Markandey Aged About 23 Years Resident Of Panchshil Nagar, Ward No. 1, Durg, P.S. City Kotwali, District Durg (C.G.) ... Applicant. versus • State Of Chhattisgarh Through Station House Officer Police Station Bori District Durg (C.G.)h --- Respondent For Applicant : Mr.Vidhyabhushan Soni, Advocate For Respondent/State : Mr. KK Bahrani, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 19/12/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.92/2024, registered at PS -Bori District Durg (C.G.), for commission of offence punishable under Sections 137(2), 96 of BNS & Section 5(L)/6 of the POCSO Act in alternate Section 64(2)(M) & 65 of BNS. 2. Case of prosecution, in brief, is that mother of minor prosecutrix/victim lodged missing report to the concerned Police 2 Station, based upon which, FIR was registered and during course of investigation, prosecutrix was recovered. Her statement was recorded and based upon which, applicant was arrested in the aforementioned crime/offence. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. On the date of alleged incident, victim was major, there was love affair between the applicant and victim, victim herself went with the applicant. Victim and her parents examined before the trial Court and they have not supported the case of prosecution. There is no any other criminal antecedent against the applicant. Applicant is in jail since 23.01.2025, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel opposing the submission of counsel for the applicant and submits that on the pretext of marriage, applicant took the minor victim/prosecutrix (aged about 14 years) to the Moshi City, Pune (Maharashtra) and detained her in labour room and, thereafter, committed sexual intercourse with her on several times. Hence, looking to the nature of offence and age of the victim, applicant may not be released on bail. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, victim and her mother appeared through virtual mode from the concerned DLSA and they raised objection in granting bail to the applicant. 3 7. Considering facts of the case, nature of allegations, submissions of learned counsel for the parties, particularly the fact that on the pretext of marriage, applicant took the minor victim/prosecutrix (aged about 14 years) from her lawful guardianship and committed sexual intercourse with her on several times, I am not inclined to allow this bail application. 8. Accordingly, bail application is hereby rejected/dismissed. CC as per rules. Sd/- (Arvind Kumar Verma) Judge J/-