Digitally signed by ALLENA ALLENA ANNAJEE ANNAJEERAO RAO Date:

2026.02.16 12:42:50 +0530

2026:CGHC:7676 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 719 of 2026 Rohit Kerketta S/o Suraj Prasad Kerketta Aged About 21 Years R/o Manik Prakashpur Khukhripara, P.S. Kotwali-Ambikapur, District Sarguja C.G.

(Name Wrongly Mentioned As Rohit Kumar Kerketta at Annexure - A/1)

... Applicant versus The State of Chhattisgarh through S H O to P S Manipur, District Sarugja C.G. ... Respondent For the applicant : Mr. Praveen Soni, Advocate For the State : Mr. Siddhant Tiwari, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal)

Order on Board

11.02.2026

1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No.239/2025 registered at Police Station Manipur, District Sarguja (CG) for the offences under Sections 64(2), 65(1), 87, 137(2) of the BNS and Sections 4 & 6 of the POCSO Act.

2. As per the prosecution case, on 04.09.2025, the minor victim girl herself had lodged FIR at P.S. Manipur alleging that from 24.10.2024 to 09.08.2025 the present applicant had repeatedly committed sexual intercourse with her on the pretext of marriage and she became pregnant.

3. Learned counsel for the applicant submits that the victim has been examined before the trial Court and she has turned hostile to the prosecution case. He submits that the statement of victim shows that she was major and had voluntarily accompanied the applicant and thereafter performed marriage with the applicant in a Mandir., therefore, she was consenting party. He further submits that although the victim is stated to be minor yet the evidence of her correct age has not been collected by the prosecution. He submits that the applicant is in jail since 04.09.2025 and till date out of a total 18 witnesses, only 1 witness i.e., the victim has been examined and there is no immediate possibility of disposal of case, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application and submits that at the time of incident, the victim was minor aged about 14 to 15 years and the applicant had committed forcible sexual intercourse with her on the pretext of marriage due to which she became pregnant and thereafter miscarriage of pregnancy was done. He further submits that some important witnesses are yet to be examined, therefore, the applicant may not be released on bail at this stage.

5. The victim along with her mother has appeared through VC from the concerned DLSA and got recorded “no objection” to grant bail.

6. Having considered the submissions made by learned counsel for the parties and over all facts and circumstances of the case as also the fact that some important witnesses are yet to be examined as stated by learned State Counsel, I am not inclined to release the applicant on regular bail at this stage. Accordingly, this bail application is rejected Sd/-

(Sanjay Kumar Jaiswal)

Judge

Rao