1 2025:CGHC:28118 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2992 of 2025 1 - Ashok Pandey @ Bihari S/o Late Rajbalam Pandey, Aged About 60 Years, R/o White House Atal Awas, Ashok Nagar, Sarkanda, Police Station Sarkanda, District- Bilaspur (C.G.). ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Sarkanda, Civil And Revenue District- Bilaspur (C.G.). ... Respondent For Applicant : Ms. Lata Nayak, Advocate. For State/Respondent : Mr. G.L. Uikey, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 26/06/2025 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. 247/2024 registered at Police Station Sarkanda, District Bilaspur (C.G.), for the offence punishable under Sections363, 376(2)(j) and 3/4 of POCSO Act. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.06.26 17:56:58 +0530 2 2. Case of the prosecution, in brief, is that on 21.02.2024, the applicant took 13 year old mentally challenged victim, by saying her father was by the drain, and then committed rape on her, which was witnesses by the victim’s elder sister. Consequently, the offence was registered and the applicant was arrested. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. She further argued that the applicant has no connection with the offences charged against him. It is further contended that the victim’s mental condition is not good and her mental treatment has not been successful as per report of Dr. Alaknanda. She next submits that the applicant has no criminal antecedent and he is in jail since 22.02.2024 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 has opposed the submissions made by learned counsel for the applicant, submitting that at the time of incident, the victim was about 13 years old and is mentally weak. It is further submitted that out of 16 witnesses, only 05 have been examined so far, and some important witnesses remain to be examined, therefore, at this state, he may not be enlarged on bail. 5. Today, victim is not appeared before this Court despite service of notice. 6. I have heard learned counsel appearing for the parties and perused the case diary. 3 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 only 05 out of 16 witnesses have been examined and there are some important witnesses still remain for examination, therefore, 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. 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.