1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1434 of 2025 1 - Kaushal Kumar S/o Sandeep Rai Aged About 22 Years R/o Village Martan, Police Station Sakra, District- Muzaffarpur (Bihar) ... Applicant versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Kunda, District Kabirdham (C.G.) ... Respondent For Applicant : Shri Syed Afaque Hussain, Rizvi, Advocate. For Respondent : Shri G.L. Uikey, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 04.04.2025 1. This is first bail application seeking grant of bail to the Applicant who is in jail since 18.03.2024 in connection with Crime No.34/2024 registered at Police Station Kunda, District Kabirdham, for the offence punishable under Sections 376(3), 509-B IPC, Section 4,11 & 12 of POCSO Act and Section 66E, 67A and 67B of Information Technology Act and Section 3(2)(v) of SC & ST Act. 2. As per prosecution case, on 20.02.2024 the father of victim lodged a complaint that the applicant has made obscene video of his minor Digitally signed by INDRAJEET SAHU Date: 2025.04.05 14:39:22 +0530 2 daughter and got it viral in mobile phone and committed rape upon her. The applicant was arrested and charge sheet has been filed. 3. Learned Counsel for the applicant would submit that there is no evidence in the charge sheet that said obscene video of victim was uploaded through the mobile phone of the applicant. The victim being a major girl was having love affair with some other person and when the applicant came into knowledge of her affair, he raised objection, but she made allegation against him. Trial is not in considerable progress. Therefore, the applicant may be released on bail as final adjudication may take sometime. 4. On the other hand the counsel for the State opposes the bail application and have submitted that the victim is aged about 14 years and 11 months. She was sexually exploited by the applicant and he threatened her that he will get her obscene video viral and committed rape upon her. 5. Without commenting on merits, considering the totality of the facts and circumstances of the case, considering the nature of allegation, her 161 and 164 CrPC statement; the material collected during investigation and also considering the gravity of offence, this Court is of the opinion that present is not fit case where the Applicant can be enlarged on bail. 6. Accordingly, the application for grant of bail is rejected. Sd/- (Ravindra Kumar Agrawal) Judge inder