1 2025:CGHC:17149 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2878 of 2025 Rameshwar Pandey Alias Raju S/o Prakash Narayan Pandey Aged About 40 Years R/o Hall Sai City, Chandrakhuri, P.S. Mandir Hasaud, District Raipur Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Mandir Hasaud, Raipur, District Raipur Chhattisgarh. ---- Non-Applicant(s) For Applicants : Mr. A.V. Shridhar, Advocate. For Non-Applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/04/2025 1. Proceedings of this case have been taken through video conferencing. 2. This is the Third bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 458/2024 registered at Police Station- Mandir Hasaud, District- Raipur (C.G.), for the offence punishable under Sections 376, 506 of the IPC. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 3. The earlier first bail and second bail application of the applicant being MCRC No.6059 of 2024 and MCRC No. 9060 of 2024 were rejected by this Court vide order dated 02.09.2024 and 02.01.2025, on merits. Hence, this bail application. 4. Case of the prosecution, in brief is that the complainant/victim made a written complaint before the concerned Police Station stating therein that she is a resident of Tikrapara Raipur and the accused/applicant is her brother-in-law and she was well acquainted with him, applicant always tried to persuade the victim that he loves her and wanted to marry with her and tried to pressurize her to leave her husband, on 08.06.2024 the applicant telephonically called the victim and asked her to come to Vidhan Sabha Road, Raipur, Distt. Raipur when she denied to come, accused threatened her that if she will not come he will kill her husband, out of the threat she went to the said location on her scooty, thereafter, accused took the victim to his house situated at Chandrakhuri Sai City and against her will made a physical relationship with her, when victim returned to home upon asking by her husband Hirendra Pandey, she revealed the incident to her husband. Thereafter, on 13.06.2024 she made a complaint before the Police Station. 5. Learned counsel for the applicant submits that the first bail and second bail application of the applicant was rejected by this Court on merits in spite of the time being granted to the learned trial Court to expedite and conclude the same and in this case out of 18 prosecution witnesses, statements of 04 witnesses have been 3 recorded including the victim by the trial Court who has not supported the case and further the order-sheet of the trial Court reflects that the statement of the victim’s husband has not yet been recorded and the trial is likely to take some time therefore, he prays for grant of bail to the applicant. 6. Learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submits that as the trial has already started and the victim’s statement has already been recorded, statement of the victim’s husband not being recorded cannot be a ground for allowing this bail application. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Considering the fact and circumstances of the case that the first and second bail application of the applicant have already been rejected by this Court on merits and in this case, out of 18 prosecution witnesses, 04 witnesses have already been recorded by the trial Court including the victim, as such, the statement of the husband of the victim not being recorded yet cannot be a ground to release the applicant on bail. 9. Accordingly, the third bail application of the applicant namely, Rameshwar Pandey alias Raju, involved in Crime No. 458/2024 registered at Police Station- Mandir Hasaud, District- Raipur (C.G.), for the offence punishable under Sections 376, 506 of the IPC, is rejected. 10. Learned trial Court concerned is directed to conclude the trial on 4 day to day basis under Section 309 of Cr.P.C., if there is no legal impediment. 11. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Kunal