1 2025:CGHC:21114 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3542 of 2025 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 versus State of Chhattisgarh Through- Station House Officer, Police Station - Kharora, District- Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Bharat Rajput, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 07.05.2025 1. This is the Second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who have been arrested in connection with Crime No. 628/2024 registered at Police Station : Kharora, District- Raipur, for the offence punishable under Section 64(2)(K) of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution case, in brief, is that on 19.09.2024, the complainant (younger brother-in-law of victim) alleging therein that on PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.05.09 17:06:30 +0530 2 16.09.2024 at about 11.30 AM, when the complainant went to the roof of the house, he saw that the applicant was committing sexual intercourse with the sister-in-law of complainant in his filed attached with the filed of complainant. On the basis of said report, the offence under Section 64(2) (K) of Bharatiya Nyaya Sanhita, has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that this is the second bail application on the ground that though the first bail application of the applicant was rejected by this Court vide order dated 25.04.2025 passed in MCRC No. 3207/2025 on merits, but it is argued that two days before i.e. 23.04.2025, the statement of the victim was recorded where she has turned hostile and denied the prosecution case, hence the present second bail application, and the applicant is in jail since 21.09.2024 and the charge-sheet has been submitted. Therefore, he prays that the applicant may be enlarged on bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the fact and circumstances of the case and considering the above submissions of the learned counsel for the parties that the prosecution witnesses have turned hostile, the same cannot be a ground for releasing the applicant on bail, as the same amounts to only tempering with the evidence, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant – Sheikh Jakir Hussain @ Govinda involved in Crime No. 628/2024 registered at Police Station : 3 Kharora, District- Raipur, for the offence punishable under Section 64(2) (K) of Bharatiya Nyaya Sanhita, 2023, rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti