1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9265 of 2025 1 - Sameer Dhiwar S/o Govardhan Dhiwar Aged About 18 Years R/o Village Bhojpur, Ward No. 18, Police Station Champa, District Janjgir-Champa, Chhattisgarh. ... applicant(s) versus 1 - State Of Chhattisgarh Through S H O Police Station Champa, District Champa, Chhattisgarh. ... Respondent(s) For Applicant (s) : Mr. Nitesh Sahu, Advocate For Respondent(s) : Mr. Tarkeshwar Nande, Panel Lawyer Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on board 18.11.2025. 1. This is the second bail application of the applicant. The first bail application of the applicant has been dismissed as withdrawn on 17.10.2025 passed in MCRC No.7614/2025. The applicant is in jail since 17.05.2025 in Crime No. 160/2025, registered at P.S. Champa, Dist- Janjgir-Champa for the offence under Section 137(2), 87, 64(2)(m) of BNS and Section 4 and 6 of POCSO Act. SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.11.18 17:58:09 +0530 2 2. Learned counsel for the applicant would submit that the applicant has withdrawn his first bail application for the reason that he was not having in possession of the copy of the deposition of the victim when the first bail application was decided. The victim has admitted in his evidence that she was more than 18 years of age at the time of incident and she on her own had gone with the applicant and it is a case of concent and both of them have made consensual physical relation. The applicant is in jail since 17.05.2025 and therefore, he may be released on bail. 3. On the other hand, learned counsel for the State opposes the bail application of the applicant. 4. I have heard learned counsel for the parties. 5. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and material collected during the investigation, further considering that the evidence of the prosecution witnesses are going on and trial is in progress and further that the evidence of the victim is to be appreciated by the learned trial Court during trial, the first bail application has been dismissed as withdrawn after arguing for some time, therefore, at this stage, I am not inclined to admit the second bail of the applicant. 6. 6. Consequently, the second bail application filed by the applicant under Section 483 of B.N.S.S. for grant of regular bail is hereby rejected at the motion stage itself. Sd/- (Ravindra Kumar Agrawal) Judge Sagrika