1 2025:CGHC:7608 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 306 of 2025 Ramesh Jashwani S/o Late Santram Jashwani Aged About 50 Years R/o Ward No. 5, Bemetara, P.S. Bemetara, District - Bmemtara (C.G.). ... Applicant versus State Of Chhattisgarh Through Police Station Bemetara District Bemetara (C.G.). ---- Respondent (Cause title is taken from the CIS) ___________________________________________________________ For Applicant : Ms. Madhunisha Singh, Advocate For State-Respondent : Mr. G.L. Uike, P.L. ___________________________________________________________ Hon'ble Shri Justice Arvind Kumar Verma Order on Board 12/02/2025 1. In compliance of Court’s order dated 14.01.2025, victim and her father appeared before this Court through video conferencing from the concerned DLSA. On being asked, they have raised strong objection to release the applicant on bail. 2 2. This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.400/2024 registered at Police Station Bemetara, District Bemetara (C.G.), for the offence punishable under Sections 376, 376(2)(n), 506 of the IPC and Sections 4 & 6 of the POCSO Act. 3. Case of the prosecution, in brief is that victim's aunt Smt. Jyoti Poptani filed a written complaint against her own brother who lives in front of her house. The victim told her on 22/07/2024 that during Navratri in the month of April 2024, when she had gone out for work, she was alone in the house. Uncle Ramesh Jashwani called her in his house and forcibly established physical relationship with her. Accused kept on insisting victim to have a physical relationship with him and threatened her to keep her mouth shut, so she got upset and told her aunt about the act committed by her uncle. On the report, a crime was registered, and investigation was taken up. During the investigation, the accused was arrested on 25.07.2024. 4. Learned counsel for the applicant contended that the applicant is an innocent and has been falsely implicated in the said case. She further contended that the victim during her deposition before the trial Court, turned hostile. She categorically denied the allegations made in the FIR and did not support the prosecution’s case. She further contended that other witnesses 3 named by the prosecution also failed to support the case and there are material contradictions in the statement of the witnesses. The investigation has been completed and the charge-sheet has already been filed. Lastly, she contended that the applicant is in jail since 25.07.2024 and the trial will take considerable time for its conclusion, therefore, the applicant may be released on bail. 5. Learned State Counsel opposes the submission made by learned counsel for the applicant and submits that the act committed by the applicant/accused is serious in nature, therefore, he may not be released on bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts of the case, submission made by learned counsel for the parties and further considering that the victim has been examined before the trial Court and she has turned hostile. On perusal of the record, it reveals that at the time of incident, age of the victim was 13 years and 11 months and as per prosecution story, the allegation is that the accused has made forcefully physical relation with the minor girl/victim. Charge- sheet has been filed in the present case. At this stage, evaluating the statement of the witnesses would amount to usurpting the power of the trial Court while hearing the bail and it 4 is for the trial Court to consider the merits of the case. 8. In view of its seriousness and after considering other circumstances, it does not seem appropriate to grant bail to this applicant/accused. Looking to the nature and gravity of the offence, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 9. Accordingly, the bail application of the applicant filed under Section 483 of the BNSS, involved in Crime No.400/2024 registered at Police Station Bemetara, District Bemetara (C.G.), for the offence punishable under Sections 376, 376(2)(n), 506 of the IPC and Sections 4 & 6 of the POCSO Act, is rejected. 10. However, this Court hopes and trust that the trial Court shall make an earnest endeavour to conclude the trial in accordance with law as expeditiously as possible, if there is no legal impediment. 11. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) Judge Vasant