1 2025:CGHC:9713 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 767 of 2025 Suresh Kumar Sawai S/o Pyare Lal Sawai Aged About 33 Years R/o Village Darrabandha, O.P. Chichola, District Rajnandgaon Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Police Station Chhuriya, District Rajnandgaon Chhattisgarh. ---- Respondent (Cause title is taken from the CIS) ___________________________________________________________ For Applicant : Mr. Anuj Pandey, Advocate For State-Respondent : Ms. Priya Sharma, PL ___________________________________________________________ Hon'ble Shri Justice Arvind Kumar Verma Order on Board 25/02/2025 1. In compliance of Court’s order, victim of this case appeared before this Court through video conferencing from the DLSA- Rajnangaon (C.G.). On being asked she raised objection for grant of bail to the applicant. VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.02.28 10:38:52 +0530 2 2. This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.393/2022 registered at Police Station Chhuriya, District Rajnandgaon (C.G.), for the offence punishable under Sections 376, 450, 506 Part-II of IPC and Sections 5(j)(ii), 6 of the POCSO Act, 2012. 3. Case of the prosecution, in brief, is that a report was lodged by the father of the prosecutrix alleging that her daughter aged about 17 years was subjected to forceful sexual intercourse by the present applicant on the pretext of marriage, due to which she got pregnant. On receiving the said complaint, the police started the investigation and the applicant was arrested on 22.09.2022. 4. Learned counsel for the applicant contended that, the applicant is innocent and falsely implicated in the instant case. He further contended that there was affair between the applicant and the prosecutrix. On perusal of the medical examination report of the prosecutrix, there is no sign of injury on the body of the prosecutrix. The charge sheet has already been filed, the applicant is in jail since 22.09.2022 and the trial will take considerable time for its conclusion, therefore the applicant may be released on bail. 5. Learned State Counsel opposes the submissions made by 3 learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts of the case, submission made by learned counsel for the parties and further considering that the trial Court finds that at the time of the incident, the age of the victim was 16 years 03 months 09 days which is less than 18 years and the victim and her father appeared in the court and objected to the benefit of bail to the accused. During the trial of the case, the prosecution examined the victim's father, the victim and 05 other witnesses in the court. According to the prosecution's case, on the date of the incident, the accused, knowing the victim to be a minor, entered her house and raped her forcibly when he found her alone at home and threatened to kill her if she told anyone about the incident. As a result of the said incident, the victim became pregnant, this Court is of the opinion that is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the bail application of the applicant filed under Section 483 of the BNSS, involved in Crime No.393/2022 registered at Police Station Chhuriya, District Rajnandgaon (C.G.), for the offence punishable under Sections 376, 450, 506 Part-II of IPC and Sections 5(j)(ii), 6 of the POCSO Act, 2012, is rejected. 4 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) Judge Vasant