1 2025:CGHC:61560 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10026 of 2025 • Anish Thakur @ Gulab Thakur S/o Narendra Thakur Aged About 20 Years R/o Village Sautpur, Kotgudapara, P.S. Karpavand, District Bastar Chhattisgarh --- Applicant. versus • State Of Chhattisgarh Through The Police Station Karpavand District Bastar Chhattisgarh. --- Respondent For Applicant : Mr. PK Tulsiyan, Advocate For Respondent/State : Ms. Laxmeen Kashyap, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 17/12/2025 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.31/2025, registered at PS -Karpavand District Bastar Chhattisgarh, for commission of offence punishable under Sections 64(1), 351(2) of BNS and Section 4 of the POCSO Act. 2. Case of prosecution, in brief, is that applicant/accused has committed forceful sexual intercourse with minor victim and 2 threatened her not to disclose the said incident to anyone. Based upon report lodged by father of victim, FIR was registered and applicant has been arrested in 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 and there was love affair between the applicant and victim. There was consensual relationship between the parties and after incident of physical relationship, victim has continued contact and friendly communication with the applicant. Prosecution has failed to collect any clinching nature of evidence to prove that on the date of incident the victim was minor. Due to previous dispute/enmity, F.I.R. has been lodged by father of victim after a long delay and without giving any satisfactory explanation. No credible medical evidence or injury report has been brought on record to support the allegation of non-consensual sexual intercourse. Victim's house was only about 100 meters away from the place of the incident, yet she did not raise any noise/alarm for help, which creates a serious doubt about the prosecution story. Some of the witnesses have been examined before the trial Court and they have accepted the suggestion of the defendant, which creates doubt upon the prosecution story. There is no any other criminal antecedent against the applicant. Applicant is in jail since 10.05.2025, conclusion of trial may take some time, hence, applicant may be released on bail. 3 4. Per contra, learned State Counsel opposing the bail application of the applicant and submits that applicant has committed forceful sexual intercourse with minor victim (aged about 17 years). Hence, looking to the nature of offence, applicant may not be released on bail. Submission with regard to love affair and consensual relationship between the parties is to be appreciated by trial Court at the time of trial. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, victim alongwith her parents appeared before this Court by virtual mode from the concerned DLSA and raised objection in granting bail to the applicant. 7. Considering facts of the case, nature of allegations, submissions of learned counsel for the parties, particularly age and evidence of the victim (PW-1) and other material/evidence available in case diary, further considering the fact that submission of counsel for the applicant regarding love affair, consensual relationship between the applicant and victim and age of the victim is to be appreciated by trial Court at the time of trial, therefore, I am not inclined to allow this bail application. 8. Accordingly, bail application is hereby rejected/dismissed. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J/-