Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:54184
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7897 of 2025 Yuvraj Patel S/o Narad Patel Aged About 21 Years R/o Village Baloudikala, Police Station Berla, District Bemetara C.G.
... Petitioner(s) versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Berla, District Bemetara C.G. ---Non-Applicant For Applicant : Mr. Rajkumar Pali Advocates. For-Non-applicant : Mr. Vivek Sharma, P.L. Hon’ble Shri Arvind Kumar Vema, Judge Order on Board 06/11/2025
1. This is the first bail application filed under Section 483 of the B.N.S.S. for grant of regular bail to the applicant who has been arrested in connection with Crime No. 146/2025 registered at Police Station Berla District Bemetara (C.G.), for the offence punishable under Sections 376, 376(2)(n), 376(3) of IPC and Section 4 & 6 of POCSO Act. 2. In pursuance of notice issued to victim, today, father of the victim appeared before this Court through DSLA Bemetara and raised objection in releasing the applicant on bail. 3. The allegation against the present applicant as per the prosecution case is that, the present applicant knowing the fact that the prosecutrix was a minor, he is said to have on the pretext of marriage had a physical relationship with her. There is also allegation that the accused has given the poisonous substance to the victim and as such made an Digitally signed by JYOTI JHA Date: 2025.11.11 11:23:06 +0530
2 attempt to murder. Subsequently, an F.I.R. in this regard was lodged and the present applicant has been arrested on 27.05.2025. 4. It has been argued by the learned counsel for the applicant that it is further submitted that the prosecutrix was a consenting party and she had established sexual relationship with the applicant. Moreover, there are four years delay in lodging the report and no sufÏcient reason given in the report, which is clear shows the written report lodged just after though. The applicant is in jail since 27.05.2025, therefore he prays that the applicant be enlarged on bail. 5. Learned counsel for the State however opposing the bail application submits that the accused has given the poisonous substance to the victim and the consent of the prosecutrix is immaterial for the reason that the prosecutrix was a minor and thus prayed for rejection of bail application. 6.
Having heard the contentions put forth on either side and on perusal of records, particularly considering the fact that the prosecutrix was minor at the time of incident and the consent of the prosecutrix was immaterial and the accused has given the poisonous substance to the victim and as such made an attempt to murder and also considering the statement of the victim, this Court is of the view that present is not a fit case for grant of bail. Accordingly, the bail application of the applicant is rejected, at this stage. 7. The OfÏce is directed to send a certified copy of this order to the trial Court for necessary information. Sd/-
(Arvind Kumar Verma) Judge Jyoti