1 2025:CGHC:2799 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 429 of 2025 Shantanu Netam S/o Ramkumar Aged About 30 Years R/o Village Lotanpara Utarda Hardibazar Korba District- Korba Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House OfÏcer Police Station Hardibazar District - Korba Chhattisgarh ... Non-Applicant For Applicant : Mr. Ishwar Jaiswal, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.01.2025 1. This is the First 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. 07/2023 registered at Police Station– Hardibazar District - Korba (C.G.), for the offence punishable under Sections 376(Ľ and 506(II) of the Indian Penal Code. (For short IPC). 2. Case of the prosecution, in brief, is that the complaint has made written complaint to concerned Police Station that on the date of incident, the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.17 19:35:38 +0530 2 accused persons dragged the victim and have committed sexual intercourse with her at open and field place and Police has registered the above offence against the present applicant and other accused person. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the victim is a major lady and the applicant has not committed any aforesaid offence without any her consent. He also submits that there is total 19 prosecution witnesses out of that, 11 material and seizure witnesses have been examined in the learned trial Court by prosecution agency and they have not supported the case of the prosecution and rest witnesses will take long time to examine. He later submits that the charge-sheet has been filed and the applicant is in jail since 27.01.2023, and conclusion of the trial may take some time, therefore, prays for grant of regular bail to the present applicants. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the accused/applicant along with co-accused persons dragged the victim away from a fair, assaulted her, and committed forcible sexual intercourse and threatened to kill her if she spoke out, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. The Hon'ble Supreme Court in the matter of X Vs. State of Rajasthan and another in Special Leave Petition (Criminal) No. 13378 of 2024 decided on 27-11-2024 has observed in the said order that.- "14. Ordinarily in serious offences like rape, murder, dacoity, etc., once the trial commences and the prosecution starts examining its witnesses, the Court be it the Trial Court or the 3 High Court should be loath in entertaining the bail application of the accused." 15. Over a period of time, we have noticed two things, i.e., (i) either bail is granted after the charge is framed and just before the victim is to be examined by the prosecution before the trial court, or (ii) bail is granted once the recording of the oral evidence of the victim is complete by looking into some discrepancies here or there in the deposition and thereby testing the credibility of the victim.” 16. We are of the view that the aforesaid is not a correct practice that the Courts below should adopt. Once the trial commences, it should be allowed to reach to its final conclusion which may either result in the conviction of the accused or acquittal of the accused. The moment the High Court exercises its discretion in favour of the accused and orders release of the accused on bail by looking into the deposition of the victim, it will have its own impact on the pending trial when it comes to appreciating the oral evidence of the victim. It is only in the event if the trial gets unduly delayed and that too for no fault on the part of the accused, the Court may be justified in ordering his release on bail on the ground that right of the accused to have a speedy trial has been infringed." 7. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in the case diary, it appears that the accused/applicant along with co-accused persons dragged the victim away from a fair, assaulted her, and committed forcible sexual intercourse and threatened to kill her if she spoke out, hence, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 8. Accordingly, the first bail application of the applicant – Shantanu Netam, involved in Crime No. 07/2023 registered at Police Station– Hardibazar District - Korba (C.G.), for the offence punishable 4 under Sections 376(Ľ and 506(II) of the Indian Penal Code, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti