1 CGHC010175782026 2026:CGHC:28203 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.4118 of 2026 Vimal Kumar Nat, S/o Mayaram Nat, Aged About 19 Years R/o Village- Mahant, Police Station- Nawagarh, District- Janjgir- Champa (C.G.) ... Applicant versus State Of Chhattisgarh Through- The Station House Officer, Police Station- Tilda Newara, District- Raipur (C.G.) ... Non-applicant For Applicant :Shri Paras Mani Shriwas, Advocate. Non-Applicant/State :Smt. Swati Raj Gupta, PL. Hon'ble Shri Justice Radhakishan Agrawal Order on Board 08.07.2026 1. This is the 1st bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the Applicant, who has been arrested in connection with Crime No.462/2025 registered at Police Station – Tilda Newara, District Raipur for the offence under Sections 64(2)(i) and 65(1) of BNS 2023 as also under Sections 4 & 6 of POCSO Act. SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.08 16:40:18 +0530 2 2. Brief facts of the prosecution case are that on 15.10.2025, mother of the Victim lodged report at Police Station stating that on 14.10.2025 at about 5.00 P.M, her minor daughter had gone to Baikunt Market to purchase some articles but did not return till night and on searching, found her near the Water Tank at Village- Baikunth along with Applicant/accused. It is alleged that the victim disclosed that the Applicant committed forceful sexual intercourse with her. Based on the above allegations, the aforesaid offences have been registered against the present Applicant. Hence, this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. It is further submitted that the prosecution has failed to duly establish the age of the victim, who is alleged to be a minor. He further submits that the statements of the victim and her mother are not reliable and the medical evidence does not give any definite opinion regarding commission of sexual intercourse. It is lastly submitted that the Applicant is under incarceration since 15.10.2025 and the trial is likely to take quite some time for its conclusion, therefore, he may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that the victim (PW-2) is aged about 16 years and was a minor at the time of the incident. It is further 3 submitted that the victim is a deaf and mute child and her statement has been recorded in the presence of a Special Educator for Hearing Impaired Persons, who assisted in recording the statement by interpreting the victim's sign language. It is further submitted that the statements of the victim (PW-2) and her mother stand duly corroborated by the statements of other prosecution witnesses, therefore, the Applicant is not entitled to be released on bail. 5. Victim, along with her mother, appeared through Video Conferencing from concerned DLSA and raised objection with respect to granting bail to the Applicant. 6. Having considered the submissions made by learned Counsel for the parties and the facts and circumstances of the case, further considering the nature and gravity of offence as also the Court statement of the victim, without further commenting anything on the merits of the case, I am not inclined to release the Applicant on regular bail. 7. Accordingly, the bail application is rejected. Sd/- (Radhakishan Agrawal) Judge Priya