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GOURI MUDALIAR

Digitally signed by 2026:CGHC:14376 GOURI MUDALIAR

Date: 2026.03.28

15:38:09 +0530 NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRCA No. 371 of 2026

Karan Kurre S/o Late Pardeshi Kurre, Aged About 21 Years R/o Village- Mopki, Police Station- Bhatapara, Gramin, District Balodabazar -Bhatapara

(C.G.)

... Applicant

versus

State Of Chhattisgarh Through The Station House Officer, Police Station-

Bhatapara, Gramin, District Balodabazar Bhatapara (C.G.)

... Respondent

For Applicant : Shri Paras Mani Shriwas, Advocate.

For : Shri Shubham Bajpai, PL.

Respondent/State

Hon'ble Shri Ramesh Sinha, Chief Justice

Order On Board

25/03/2026

1. Learned State counsel submits that notice has been served on

13/03/2026 to the mother of the victim who is complainant of the case.

2. Despite of notice being served, the complainant is not present either in

person or through her counsel or through virtual mode from DLSA.

Hence, the Court proceeds to hear the matter.

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3. The applicant has preferred this application under Section 482 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.443/2025, registered at Police Station Bhatapara, Gramin, District Balodabazar-Bhatapara (C.G.) for alleged commission of offence punishable under Sections 137 (2), 87, 64 (1), 65 (1) of Bhartiya Nyaya Sanhita, 2023 and under section 4, 6 of Protection of Children from

Sexual Offences Act, 2012.

4. Case of the prosecution, in brief, is that on 10/07/2025, mother of the

prosecutrix lodged her missing report at Police Outpost-Nipniya, Police Station-Bhatapara, Gramin, District-Balodabazar -Bhatapara (C.G.) and stating that her minor daughter aged about 14 years 4 months 10 days had gone somewhere from 09/07/2025 without any intimation, they searched here and there but she did not trace out but during the course of investigation prosecutrix/victim recovered from possession of complainant herself, thereafter her statement under section 183 of B.N.S.S. 2023 has been recorded before the concern Judicial Magistrate and then applicant has been made accused in crime in

question.

5. Learned counsel for the applicant submitted that the applicant is

innocent and has been falsely implicated in this case. He would submit that though 183 BNSS statement of the victim goes to show that the victim has stated about the physical relationship established by the applicant but there appears to be no medical report to prove the said fact. He would submit that the applicant is a permanent resident of address as mentioned in the cause title and there is no chance of his

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absconding or tampering with the prosecution case, therefore he prays

to enlarge the applicant on anticipatory bail.

6. On the other hand, learned State counsel opposes the prayer for grant

of anticipatory bail and he submits that the victim is a minor girl aged 14 years and 4 months and even if her consent is taken, it is immaterial, therefore the applicant is not entitled for grant of

anticipatory bail.

7. I have heard learned counsel for the parties and perused the case

diary.

8. Perused the statement of the victim recorded under Section 183 BNSS

who is a minor girl aged 14 years and 4 months and even if her consent is taken, it is immaterial. Considering the gravity of the allegation and also considering the fact that investigation is still going on, therefore I am not inclined to grant anticipatory bail to the applicant.

9. Accordingly, the anticipatory bail application of the applicant - Karan

Kurre, involved in Crime No.443/2025, registered at Police Station Bhatapara, Gramin, District Balodabazar-Bhatapara (C.G.) for alleged commission of offence punishable under Sections 137 (2), 87, 64 (1), 65 (1) of Bhartiya Nyaya Sanhita, 2023 and under section 4, 6 of Protection of Children from Sexual Offences Act, 2012 is rejected

Sd/-Sd S Sd/- S

(Ramesh Sinha)

Chief Justice

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