1 2025:CGHC:57036 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9055 of 2025 Chandrashekhar Nishad S/o Harlal Nishad Aged About 29 Years R/o Village Amlipadar, P/s Amlipadar, District- Gariyaband (C.G.) (Age And Details Of The Applicant Are Wrongly Mentioned In A/1) ... Applicant versus State Of Chhattisgarh Through P/s Amlipadar, District- Gariyaband (C.G.) ... Respondent(s) For Applicant : Mr. Lukesh Kumar Mishra, Advocate For Respondent(s) : Ms. Sunita Manikpuri, Dy. G.A. Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 24/11/2025 1. The applicant has preferred this First Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 74/2025, registered at Police Station- Amilpadar, District- Gariyaband (CG) for the offence punishable under Sections 64(2)(m), 65(1) of BNS r/w Section 4 and 6 of POCSO Act, Section 3(2)(v) of SCST Act and Sections 39/192, 3/181, 146/196 of the Motor Vehicle Act. 2. The victim appeared before this Court through Video MADHURIMA THAKUR Digitally signed by MADHURIMA THAKUR Date: 2025.11.25 14:51:51 +0530 2 Conferencing with the help of DLSA Gariyaband and raised an objection in the present bail application. 3. The prosecution story in brief, is that, the mother of victim lodged the written complaint on 29.07.2025 in which she alleged that the prosecutrix who is aged about 15 years 2 months and 29 days was indulged in sexual intercourse with the applicant due to which she got pregnant. Adhering to the said complaint, FIR bearing crime no. 74/25 for the aforementioned offences was registered against the applicant. During the course of investigation, the prosecutrix was medically examined and found to be 28 weeks 6 days pregnant. Thereafter her statement under Section 183 of BNSS was recorded in which she stated that during her labor work, she got acquainted with the applicant whereafter she went to Kopdimal where the applicant had sexual intercourse with her which took place on several occasions due to which she became pregnant. 4. It was argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case. He further contended that the prosecutrix was not of such a tender age to not understand the consequences of her indulgence in consensual relations. The applicant is in jail since 30.07.2025 and the trial is likely to take sometime. The applicant therefore, may be enlarged on bail. 5. On the other hand, learned State Counsel opposes the bail 3 application and submits that all the evidences are against the applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, nature & gravity of the offence, particularly the fact that the victim was 28 weeks pregnant, material available in the case dairy, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of applicant- Chandrashekhar Nishad involved in Crime No. 74/2025 under Sections 64(2)(m), 65(1) of BNS r/w Sections 4 and 6 of POCSO Act, Section 3(2)(v) of SCST Act and Sections 39/192, 3/181, 146/196 of the Motor Vehicle Act at Police Station- Amilpadar, District- Gariyaband, Chhattisgarh, is rejected. 8. However, this Court hopes and trusts that the Trial Court shall make earnest endeavour to conclude the trial expeditiously as soon as possible in accordance with law, if there is no legal impediment. Sd/- (Arvind Kumar Verma) JUDGE Madhurima