1 2025:CGHC:53396 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7689 of 2025 Amrit Banjare S/o. Mohan Banjare Aged About 28 Years R/o. Village Gadfuljhar, P.S. Basna, District Mahasamund (C.G.) ...Applicant versus State Of Chhattisgarh Through Police Station Sankra, District Mahasamund (C.G.) ... Respondent For Applicant : Mr. Shubhank Tiwari, Advocate. For Non-applicant/State : Ms. Subha, Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 31.10.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 184/2023 registered at Police Station - Sankra District - Mahasamund (C.G.), for the offences punishable under Sections 363, 366, 376(2)(n) of IPC, 1860 Section 4 & 6 of the Protection of Children from Sexual Offences Act, 2 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and was arrested/surrendered on 03.09.2025, since when he is in judicial custody. The essential ingredients of Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012, and Section 376 of the IPC are not attracted in this case, as there is no material collected by the prosecution to prove the age of the alleged victim. The victim herself has filed an affidavit stating that she is married to the applicant as his second wife, and as per the custom and rituals of the Satnami Samaj, second marriage is permissible; their marriage was solemnized on 06.06.2023, and due to some minor disputes, she went to her parental home, after which the FIR was lodged to create pressure on the applicant. The victim, her father, and the father of the applicant have filed affidavits before the learned Trial Court supporting the fact of their marriage and stating that both are now living happily as husband and wife. The applicant is only 28 years old and plays an important role in supporting his family; his continued detention will cause severe harm to his career and mental well-being. The trial has not yet commenced and will take considerable time to conclude. The applicant undertakes that on being released on bail, he will not tamper with any evidence or influence witnesses and will abide by all the conditions imposed by this Hon’ble Court, therefore, he prays for grant of regular bail to the present applicant. 3 3. On the other hand, the learned State Counsel opposes the bail application and submits that the father of the victim lodged an FIR on 08.11.2023 under Section 363 of the IPC, stating that on 04.11.2023, after dinner, the victim went to sleep with her grandmother, and on 05.11.2023 at about 3:00 a.m., she was found missing. Despite several searches, her whereabouts could not be traced. During investigation, the victim was recovered, and her statement under Section 183 of the BNSS was recorded, wherein she supported the prosecution case. Hence, considering the seriousness of the offence, the applicant is not entitled to be released on bail. 4. I have heard learned counsel for the parties and perused the case-diary. 5. Considering the facts and circumstances of the case, the submissions of learned counsel for the parties, and further taking into account the victim’s statement recorded under Section 183 BNSS, it is evident that the victim was a minor, aged about 16 years and 7 months at the time of the incident. The allegations against the accused indicate that he lured the minor victim and established physical relations with her under the guise of a husband-wife relationship. It is also noteworthy that after registration of the offence, the accused remained absconding for nearly ten months and surrendered before the Court only on 03.09.2025. Considering the gravity and seriousness of the alleged offence, the age of the victim, the nature of the 4 relationship, and the material collected by the prosecution during the course of investigation, this Court does not find it appropriate to extend the benefit of regular bail to the applicant. 6. Accordingly, the bail application of the applicant – Amrit Banjare, involved in Crime No. 184/2023 registered at Police Station - Sankra District - Mahasamund (C.G.), for the offences punishable under Sections 363, 366, 376(2)(n) of IPC, 1860 Section 4 & 6 of the Protection of Children from Sexual Offences Act, is rejected. 7. However, this Court hopes and trusts that the trial Court shall make an earnest endeavor to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav