1 2025:CGHC:23079 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2777 of 2025 • Santosh Kenwat S/o Late Raju Kenwat, Aged About 32 Years, R/o Devanchal Chingrajpara, P.S. Sarkanda, District Bilaspur Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Sarkanda District Bilaspur Chhattisgarh ... Respondent For Applicant : Ms. Nita Choubey, Advocate. For State/Respondent : Ms. Vaishali Mahilong, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 11/06/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 416/2024 registered at Police Station Sarkanda, District Bilaspur (C.G.), for the offence punishable under Section 376(a)(b) of the Indian Penal Code and Section 4, 6 of the Protection of Children from Sexual Offence Act, 2012. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.06.13 10:28:05 +0530 2 2. Case of the prosecution, in brief, is that, the applicant/accused is alleged to have committed repeated rape and aggravated penetrative sexual assault on a minor girl, aged less than 06 years, who was his step-daughter. Thereafter, the complainant has lodged report to the concerned police station Sarkanda. Based upon the said report of the complainant, the police has registered the offence against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the alleged crime, he has not committed any offence as alleged against him. It is argued that there is no evidence on record to establish the applicant’s involvement in the offence, and the mother of the victim has turned hostile. Furthermore, the Forensic Science Laboratory (FSL) report is negative, and the medical report does not support the case of the prosecution. It is further submitted by the learned counsel for the applicant that the applicant has no criminal antecedent and he is in jail since 04.04.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel would oppose the submissions made by learned counsel for the applicant and would submit that there is specific allegation against the present applicant and at the time of incident, the victim was less than 06 years. She further submits that the applicant committed a heinous crime by committing rape of a minor girl. At this stage, the present applicant may not be enlarged on bail. 3 5. The mother of the victim present, who is in person, has no objection to the bail application. 6. I have heard learned counsel appearing 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 also considering the fact at the time of the incident, the victim was a minor girl below 06 years of age. Given the grave nature of the allegations and the severity of the offence, this Court does not deem it fit to grant bail to the applicant/accused. 8. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected. However, concerned trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.