1 2025:CGHC:15245 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1262 of 2025 1 - Ram Kumar Bharia S/o Shyamji Aged About 18 Years R/o Devrajpara, Sadhwani, P.S. Gaurella, Tahsil Pendraroad, Distt- Gaurella- Pendra- Marvahi ( C.G. ). ... Applicant versus 1 - State Of Chhattisgarh Through- P.S. Gaurella, Distt- Gaurella- Pendra- Marvahi ( C.G. ). ---- Respondent (Cause title is taken from the CIS) ___________________________________________________________ For Applicant : Mr. Bharat Lal Dembra, Advocate For State-Respondent : Ms. Vaishali Mahilong, PL ___________________________________________________________ Hon'ble Shri Justice Arvind Kumar Verma Order on Board 01/04/2025 1. This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.428/2024 registered at Police Station Gaurella, District Gaurella-Pendra-Marvahi (C.G.), for the offence punishable under Sections 137(2), 64, 65 VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.04.02 12:02:46 +0530 2 of the BNS and Section 4(2) of the POCSO Act, 2012. 2. Case of the prosecution, in brief, is that report was lodged by the victim’s mother against the applicant alleging that on 17.12.2024, her daughter came and stated that the applicant took her towards river and committed sexual intercourse with her and accordingly FIR was registered against the applicant. 3. Learned counsel for the applicant contended that, the applicant is innocent and falsely implicated in the instant case. He further contended that the medical report does not support the case of the prosecution and due to previous enmity, the report has been lodged. Considering the totality and facts particularly when the applicant has lodged report against the father of the victim thereafter, false report has been lodged against the applicant. It is further contended that neither any conclusive proof of age has been submitted nor any injury has been found and the applicant is in jail since 18.12.2024 and the trial will take considerable time for its conclusion, therefore the applicant may be released on bail. 4. Learned State Counsel opposes the submissions made by learned counsel for the applicant and contended that FSL report found positive, hence, the applicant may not be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts of the case, submission made by learned counsel for the parties and further considering that the trial Court finds that the victim has stated in her statement that the accused forcibly took her to a field near her house, forcibly made her lie down, removed her clothes and did bad things to her, kept her there for one hour, raped her by closing her mouth with his hand and threatened to kill her if she told her family members. Further considering that at the time of incident, age of the victim was 13 years and the FSL report is found positive, hence, this Court is of the opinion that is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant involved in Crime No.428/2024 registered at Police Station Gaurella, District Gaurella-Pendra-Marvahi (C.G.), for the offence punishable under Sections 137(2), 64, 65 of the BNS and Section 4(2) of the POCSO Act, 2012, is rejected. Sd/- (Arvind Kumar Verma) Judge Vasant