1 2025:CGHC:34882 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3643 of 2025 1 - Fool Kumar Nag S/o Lt. Rajman Nag, Aged About 24 Years, R/o Khairgjdapara Village Mahdota, P.S. Bhanpuri District Bastar Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through The Police Station Bhanpuri District Bastar Chhattisgarh. ... Respondent For Applicant : Mr. Abhishek Nirala, Advocate. For Respondent/State : Mr. Vivek Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 22 / 07 / 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. 100/2023 registered at Police Station –Bhanpuri, District –Bastar (C.G.) for the offence punishable under Section 376(3), 506 of IPC and Section 6 of POCSO Act. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.07.22 18:16:42 +0530 2 2. The case of the prosecution is that, the victim has lodged the report against the present applicant alleging that he has committed forcefully sexual intercourse with her from 15.02.2019 to 20.03.2023 on false pretext of marriage. Based on the said report, the FIR was registered against the applicant and he has been arrested for the aforesaid offence. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. It is contended that there is unexplained delay of four years in lodging the FIR. The applicant has no involvement in the alleged crime and has a clean record, with no criminal antecedents, and has been in jail since 27.10.2023. 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 State counsel opposed the bail application, submitting that the applicant has forcibly committed sexual intercourse with the minor victim on false pretext due to which she became pregnant. There are total 16 witnesses out of which only 10 have been examined till date and there are some important witnesses still remain for examination, therefore, at this stage, he may not be enlarged on bail. 5. Today, victim along with her father appeared virtually from the concerned DLSA and raised her objection in granting bail to the applicant. 3 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the entire facts and circumstances of the case, particularly looking to the material available on record and the evidence against the applicant, further considering the fact that out of 16 witnesses, only 10 have been examined till date, and and some important witnesses are still remaining for examination, at this stage, I am not inclined to release the applicant on bail. 8. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected. 9. However, considering the fact that the applicant is in jail since 27.10.2023 about 01 year 09 months. It is an exceptional case, therefore, concerned trial Court is directed to expedite the trial as early as possible preferably within a period of 04 months from the date of receipt of copy of this order. 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.