1 2025:CGHC:23875 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3007 of 2025 • Vishnu Soni S/o Prakash Soni Aged About 24 Years R/o Nigam Colony, Aamapara, Raipur, P.S. Azad Chowk, Raipur, Tahsil And District- Raipur ( C.G. ). ... Applicant versus • State Of Chhattisgarh Through- Station House Officer, Police Station Azad Chowk, Raipur, District- Raipur ( C.G. ). ... Respondent For Applicant : Mr. C.R. Sahu, Advocate. For Respondent/State : Ms. Sunita Sahu, P.L. For objector : Mr. Virendra Kashyap, Advocate. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 13 / 06 / 2025 1. The accused/applicant has moved this first bail application under Section 483 of BNSS, 2023 for releasing him on regular bail during trial in connection with Crime No. 263/2024 registered at Police Station – Azad Chowk, District – Raipur (C.G.) for the offence punishable under Section 64(2)(m), 308(2) of BNS and Section 06 of the POCSO Act, 2012. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.06.16 10:34:06 +0530 2 2. The prosecution case, in brief, is that the complainant has lodged report to the police station Azad Chowk, Raipur with intend that the applicant has committed sexual intercourse with the victim at several place in several time on the pretext of marriage but the applicant has refused to marry with her. Based upon such complaint, offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is further contended that there is an unexplained delay in lodging the FIR, as the alleged incident occurred on 01.07.2021, but the FIR was filed only on 24.10.2024 after the victim had attained majority. He further submits that the applicant has no criminal antecedents and he is in custody since 25.10.2024. There is no likelihood of his case being decided in the near future, therefore, the present applicant may be released on bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the applicant has committed sexual intercourse with the victim at several place in several time when she was minor. It is also contended that that out of 29 witnesses only 01 witnesses has been examined till date and there are some important witnesses still remained for examination, therefore, at this stage, he may not be enlarged on bail. 3 5. Learned counsel for the objector opposes the bail application and the submission made by learned counsel for the applicant and submits that the applicant may not be enlarged on bail. 6. Victim along with her father appeared before this Court today and raised her objection to the bail application. 7. I have heard learned counsel for the parties and perused the case diary. 8. From a perusal of the case diary, it appears that the victim was subjected to sexual assault by the applicant at several place in several time on the pretext of marriage. Further, the victim along with her father appeared before this Court and vehemently objected the bail application filed by the applicant. Particularly taking into account that out of 29 witnesses only 01 witness has been examined till date and some important witnesses are still remaining for examination, therefore, at this stage, I am not inclined to release the applicant on bail. 9. 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. 10. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.