1 2025:CGHC:56129 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8837 of 2025  Nirakar Bhoy S/o Motilal Bhoy Aged About 28 Years R/o Village Korra, P.S. Sariya, Distt. Sarangarh-Bilaigarh, Chhattisgarh. ...Applicant(s) versus  State Of Chhattisgarh Through The Station House OfÏcer, P.S. Sariya, Distt. Sarangarh-Bilaigarh, Chhattisgarh. --- Non-Applicant For Applicant : Mr. Shikhar Sharma, Advocates. For-Non-applicant : Ms. Laxmeen Kashyap, P.L. Hon’ble Shri Arvind Kumar Vema, Judge Order on Board 18/11/2025 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. 190/2025 registered at Police Station Sariya District Sarangarh Bilaigarh (C.G.), for the offence punishable under 137(2), 87, 64(1) & 351(2) of BNS and Section 4 & 6 of POCSO Act. 2. In pursuance of the order dated 06.11.2025, the victim along with her appeared through DLSA Bilaigarh and have raised through objection in releasing the applicant on bail. Digitally signed by JYOTI JHA Date: 2025.11.24 17:25:45 +0530 2 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 taken the prosecutrix to jungle and on the pretext of marriage there he is said to have had a physical relationship with her. Subsequently, an F.I.R. in this regard was lodged and the present applicant has been arrested on 21.08.2025. 4. Learned Counsel for the convicts/applicant has argued that the applicant has been falsely implicated in the present case and there is no evidence on record to connect the applicant with commission of the offence. He has further argued that there was no evidence adduced by the prosecution with regard to inappropriate behavior of applicant with the prosecutrix. The applicant is in jail since 21.08.2024 and the appeal is likely to take some time for its conclusion, hence the applicant has filed the instant application for suspension of sentence and grant of bail. 5. Learned counsel for the State however opposing the bail application submits that the present applicant is already a married person. Futher 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 applicant is already a married man and further the fact that the 3 prosecutrix was minor at the time of incident and the consent of the prosecutrix was immaterial, 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