1 (MCRC No. 3207 of 2025) 2025:CGHC:18893 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3207 of 2025 1 - Sheikh Jakir Hussain @ Govinda S/o Late Sheikh Nausad Hussain Aged About 34 Years R/o Mura Ward No. 14, Police Station - Kharora, District- Raipur (C.G.) --- Applicant(s) versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station - Kharora, District- Raipur (C.G.) --- Non-applicant(s) (Cause title taken from the Case Information System) For Applicant : Mr. Bharat Rajput, Advocate For Non-Applicant : Mr. Hari Om Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.04.2025 1. This is the first bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 628/2024 registered at Police Station - Kharora, ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.04.28 10:22:05 +0530 2 (MCRC No. 3207 of 2025) District Raipur (C.G.), for the offence punishable under Section 64(2)(K) of the Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that on 16.09.2024, at about 11:30 AM, when the complainant (brother-in-law/Devar of the prosecutrix) went to the roof of the house, he saw that the applicant was sexually assaulting the prosecutrix, who is deaf and mute. Thereafter, the applicant was arrested for the offence under 64(2)(K) of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he has not acted in the manner as it is alleged by the prosecution. It is further submitted that the prosecutrix is a major married lady and is a consenting and willing party, therefore, the alleged offence could not be made out against the applicant. He would further submit that the applicant is the sole bread runner of his family and his family is suffering as he is in jail since 21.09.2024 and conclusion of trial will take some time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this matter and the applicant does not deserve to be released on bail at this juncture. 3 (MCRC No. 3207 of 2025) 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy, at this stage, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of the applicant – Sheikh Jakir Hussain @ Govinda, filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, involved in Crime No. 628/2024 registered at Police Station - Kharora, District Raipur (C.G.), for the offence punishable under Section 64(2)(K) of the Bharatiya Nyaya Sanhita, 2023, is rejected. 7. Needless to emphasize that since the charge-sheet has already been submitted against the applicant, the concerned trial Court shall conclude the trial expeditiously in accordance with law, if there is no legal impediment. 8. Office is directed to send a certified copy of this order to the concerned trial Court for necessary information. - Sd/- (Ramesh Sinha) Chief Justice @d!t!