1 2025:CGHC:11918 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2007 of 2025 Nandkishore Sharma @ Pandit S/o Vidyadhar Sharma Aged About 32 Years R/o Village- Kshir, Police Station- Narena, District - Jaipur (Rajasthan) ... Petitioner(s) versus State Of Chhattisgarh Through- The Station House Officer, Police Station- City Kotwali, District- Bilaspur (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Vikrant Pillay, Advocate. For Respondent(s) : Mr. Dilman Rati Minj, GA. SB : Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 11.03.2025 1. This third application under Section 483 of the BNSS, 2023 has been filed by the accused/applicant who has been arrested in connection with Crime No.363/2021 registered at Police Station City Kotwali, Bilaspur (CG) for the offence under Sections 363, 366-A, 368, 376 (3), 370-A & 34 of the IPC and Sections 3/4 & 16/17 of the POCSO Act, 2012. Digitally signed by AJAY KUMAR DWIVEDI Date: 2025.03.12 10:44:38 +0530 2 2. It is pertinent to mention here that earlier bail application filed by the applicant was dismissed by this Court on 08.02.2023 in MCRC No.917/2023. 3. Prosecution case, in brief, is that mother of the minor prosecutrix has lodged the FIR on 18.11.2021 with the averment that her daughter is missing. Later on, when the prosectrix was recovered she disclosed that the present applicant has committed rape with her and applicant along with co-accused have sold her to another accused namely Ratan Prajapti for amount of Rs.2 Lacs. On the basis of aforesaid allegations, offences have been registered and applicant was arrested. 4. Learned counsel for the applicant would submit that the applicant is innocent and falsely implicated in the crime in question. He submits that there is no material evidence against the applicant. He further submits that the applicant is languishing in jail since 27.01.2022 and conclusion of trial is likely to considerable time. Therefore, the applicant may be released on bail. 5. On other hand, learned State counsel vehemently opposes the prayer for bail and submits that earlier bail application was considered and rejected on merits and there is no change in circumstances of the case, therefore, this application is liable to be rejected. 6. Having regard to the aforesaid submission and considering the gravity of offence, further considering that earlier bail application was considered and rejected on merits and there is no material change in the facts or circumstances of the case and also keeping in view the fact that the trial is already on progress, I am not inclined to release the applicant on bail. 3 7. Accordingly, this application is rejected. 8. However, this Court hopes and trusts that the concerned trial Court shall make earnest endeavor to conclude the trial expeditiously. Sd/- (Deepak Kumar Tiwari) Judge Ajay