1 2025:CGHC:1767 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 197 of 2025 Bittu Vyapari S/o Shri Bimal Vyapari Aged About 24 Years R/o P.V. 118, Ratanpur, Thana Pakhanjore, District North Bastar Kanker (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Pakhanjore, District North Bastar Kanker (C.G.) ... Non-applicant For Applicant : Mr. Anukul Biswas, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.01.2025 1. This is the Second 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. 187/2023 registered at Police Station – Pakhanjore, District North Bastar Kanker (C.G.), for the offence punishable under Sections 376, 376(3), 341, 506 of the Indian Penal Code and Section 4(2) of Protection of Children From Sexual Offences Act. 2. The earlier bail application filed under Section 439 of the Cr.P.C. in MCRC No. 3309 of 2024 for grant of regular bail to the applicant, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.13 15:40:27 +0530 2 which was rejected on merits vide order dated 16.07.2024. 3. According to the prosecution's story, on October 5, 2023, the present applicant, knowing that the victim was a minor, took her and committed forcible intercourse with her. Subsequently, a report was lodged at Pakhanjor Police Station, leading to the registration of an offense (Crime No. 187/2023) against the applicant under Sections 376, 376(3), 341, and 506 of the Indian Penal Code, as well as Section 4(2) of the Protection of Children from Sexual Offences Act. 4. Learned counsel for the applicant submits that the present applicant has been falsely implicated in the present matter. He submits that the first bail application of the present applicant was rejected on 16.07.2024 on merits and had directed to conclude the trial within a period of six months on day to day basis, but till date the trial has not yet been concluded. He also submits that on 21.06.2024, the victim along with her father appeared through virtual mode from DLSA Kanker and submitted that they have no objection, if the applicant be granted bail. He also submits that the present applicant is in jail since 07.10.2023,conclusion of the trail may take some time therefore, he prays for grant of regular bail to the present applicant. 5. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the present applicant committed forcefully sexual intercourse with a minor, therefore, the bail application of the present applicant deserves to be rejected. 6. I have heard learned counsel appearing for the parties and perused 3 the case diary. 7. Considering the facts and circumstances of the case and further the fact that though the victim and her father have no objection, if the applicant be granted bail by this Court, but looking to the seriousness of the matter, the applicant committed forcefully sexual intercourse with a minor girl. Therefore, this Court is of the considered opinion that the applicant is not entitled for grant of regular bail. 8. Accordingly, the Second bail application of the applicant – Bittu Vyapari, involved in Crime No. 187/2023 registered at Police Station – Pakhanjore, District North Bastar Kanker (C.G.), for the offence punishable under Sections 376, 376(3), 341, 506 of the Indian Penal Code and Section 4(2) of Protection of Children From Sexual Offences Act, is rejected. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously within a period of three months on day to day basis from the receipt of receipt of this order in accordance with law, if there is no legal impediment. 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 Abhishek