1 2025:CGHC:35961 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4796 of 2025 1 - Mausam Ali S/o Aasin Ali Aged About 38 Years R/o Ramgarh Ward No. 30, Police Station Ramgarh District Taimur Bihar Presently R/o Mithya Club V.I.P Road, Police Station Telibandha, District Raipur, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Telibandha, District Raipur, Chhattisgarh. ... Respondent For Applicant : Ms. Pratibha Sahu, Advocate. For Respondent/State : Ms. Priya Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 24 / 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. 723/2024 registered at Police Station – Telibandha, District – Raipur (C.G.) for the offence punishable under Sections 376(2)(i)(n), 506 of IPC and Section 6 of POCSO Act. Digitally signed by HEERA LAL SAHU Date: 2025.07.25 11:08:50 +0530 2 2. As per the prosecution’s case, on 14.11.2024, the mother of the minor victim lodged a written complaint to the effect that when they were residing in Raipur on 11.02.2021 applicant committed sexual intercourse with her minor daughter and further he threatened her for life. It is also alleged that in the year 2022-2023, when the victim went to Bhubaneshwar, the applicant harassed her there, and due to fear, she did not disclose the incident prior to 2023. Based on this, offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. She also submits that there is a civil dispute between the mother of the victim and the applicant as the mother of the victim had borrowed 1 lakh rupees from the present applicant in the month of September, 2024, and instead of returning the said amount, she has lodged a false complaint against him. She next submits that it is clear from the statement of the mother of the victim that she knew of the incident in the year 2023, whereas the complaint was lodged on 14.11.2024. She also submits that there is no definite opinion of the doctor in the MLC about the forceful sexual intercourse with the victim. The applicant is in jail since 15.11.2024, and there is no 3 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 counsel for the State opposes the bail application and submits that the applicant committed a heinous offence with a minor girl, the victim has clearly supported the case of the prosecution in her Court statement. She also submits that out of 13 witnesses only 4 witnesses have been examined; therefore, at this stage, he may not be enlarged on bail. 5. The mother of the victim, appeared through video conferencing from the concerned DLSA and raised her objection in granting bail to the applicant. 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, the evidence collected by the prosecution against the applicant and the nature of crime, at this stage, I am not inclined to release the applicant on bail. Accordingly, the bail application filed under Section 483 of BNSS, 2023, is rejected. 8. However, considering the fact that the applicant is in jail since 15.11.2024 and only 4 witnesses out of 13 witnesses have been examined till date, the concerned trial Court is 4 directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible preferably within a period 4 months from today. 9. 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 H.L. Sahu