1 2026:CGHC:4667 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10186 of 2025 1 - Swayam Netam S/o Sanehi Netam Aged About 22 Years R/o Hemu Kalyani Ward, Jail Road Sai Nagar, Fafadih Bhathapara, Raipur, P.S. Ganj Raipur, District- Raipur Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station Bemetara, District- Bemetara (C.G.) ... Respondent For Applicant : Mr. B. M. Roy, Advocate. For Respondent/State : Ms. Laxmeen Kashyap P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order Sheet 28/01/2026 1. The accused/applicant has moved this first bail application under Section 483 of BNSS, 2023, for releasing him on regular bail during trial in connection with Crime No. 671/2025 registered at Police Station – Bemetara, District –Bemetara (C.G.) for the RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2026.02.05 10:58:49 +0530 2 offence punishable under Sections 137(2), 64(1), 64(2)(m) of BNS and Section 04, 06 of POCSO Act, 2012. 2. The prosecution case, in brief, is that the complainant who is mother of victim, has made a complaint to concerned police station against the applicant alleging inter-alia that on date of incident the applicant has carried the victim and committed sexual intercourse with her in the lodge. Based upon the said complaint, the police has registered the offence punishable under section 137(2), 64(1), 64(2) (m) of Bhartiya Nyay Sanhita and Section 04, 06 of POCSO Act in Crime No. 671/2025 against present applicant. On the basis of the complaint, a crime was registered and investigation commenced. During the investigation, the present applicant was apprehended. 3. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in this case, with no connection to the alleged offence. It is further submitted that the victim has voluntarily accompanied the applicant and she was a consenting party, therefore, no offence is made out against the appellant. The applicant has no criminal antecedents and has been in jail since 04.11.2025 and the trial is likely to take considerable time to conclude. Therefore, the counsel prays for the grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposed the bail application, submitting that out of total 23 witnesses, none have 3 been examined till date and victim’s age is reported to be 17 years old on the date of incident, therefore, at this stage, the applicant may not be released on bail. 5. The victim along with her father appeared through VC from the concerned DLSA and both of them have raised no objection to grant bail to the applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the entire facts and circumstances of the case, particularly looking to the material available on record and the evidence against the applicant, further considering the fact that trial not yet commenced, at this stage, I am not inclined to release the applicant on bail. 8. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected. 9. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Ravi Mandavi