1 2025:CGHC:57271 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8502 of 2025 1 - B. Keshwan Reddy @ Keshaw S/o K. Bairagi Reddy Aged About 57 Years R/o Quarter No. 18 B, Street No. 01, Sector-01, Bhilai Bhatti, District Durg Chhattisgarh ...Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Vaishali Nagar, District Durg Chhattisgarh ... Respondent(s) For Applicant (s) : Shri Prabhat Saxena, Advocate For Respondent(s) : Ms.Pragya Shrivastava, Dy.GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 25/11/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.11.28 11:09:34 +0530 2 in custody in connection with Crime No. 265/2025 registered at police station Vaishali Nagar, District Durg (CG) for the offence punishable under Sections 98,3(5) and 64 of BNS and Section 6 of the Protection of Children from Sexual Offences Act, 2012. 2. Briefly stated, as per the prosecution, the prosecutrix lodged a written complaint on 09.08.2025 alleging that her brother had left her in the guardianship of her aunt Harjinder Kaur (co-accused) when he went to Visakhapatnam for employment. It is alleged that the co-accused took the prosecutrix to one Sulochana Tandi who allegedly photographed her and engaged her in prostitution by taking money from various persons. It is also alleged that the present applicant was one of the persons who had committed sexual intercourse with the prosecutrix during that period. On the basis of the said complaint, police registered the offence and the applicant was arrested. 3. Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He submits that there is no material to indicate his participation in the commission of the alleged offence. It is argued that there is no medical corroboration of any sexual assault as the report shows no injuries on the person of the prosecutrix. He further submits that the applicant is in jail since 09.08.2025, the charge sheet has been filed and the trial is likely to take some time, he is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail. 3 4. Learned counsel for the respondent/State opposed the bail application and submits that the allegations against the applicant involve sexual exploitation of a minor girl which is heinous in nature. It is submitted that the statement of the prosecutrix recorded under Section164 BNSS clearly implicates the present applicant. 5. Notice has been duly served upon the victim but none appeared. Ms. Laxmi Gupta, Advocate, present in the Court is requested to assist the Court as Amicus Curae on behalf of the victim. 6. Heard counsel for the parties and perused the record. 7. On due consideration of the rival submissions and the entire case diary, the charge sheet, medical report and the statements of the prosecutrix and witnesses, the proescutrix was minor at the time of incident asper the documents on record. Her statement specifically names the present applicant as one of the persons involved in the offence. The offence alleged under Section 6 of the POCSO Act and relevant provisions of the BNS relate to aggravated penetrative sexual assault upon a child and carry severe punishment. The allegations being grave in nature, pertain to sexual exploitation within a prostitution racket which has serious societal ramifications. At this stage, the court cannot assess the correctness or veracity of the evidence, which is a matter of trial. 8. Considering the statement of the prosecutrix implicating the applicant, the nature and seriousness of the offence, this Court does 4 not find it a fit case for grant of bail. Accordingly, his bail application is rejected. Sd/- (Arvind Kumar Verma) Judge