1 2025:CGHC:33061 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4552 of 2025 Dipayan Mishra S/o Kameshwar Mishra Aged About 30 Years R/o - Radhakrishnanagar, Police Out Check Post- Ganesh Mod, P/s Balrampur Distt.- Balrampur-Ramanujganj (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Of Police Out Check Post- Ganesh Mod, P/s Balrampur Distt.- Balrampur-Ramanujganj (C.G.) ... Respondent For Applicant : Mr. Vivek Sahu, Adv. For Respondent/State : Mr. Pranjal Shukla, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 15/07/2025 1. The victim appeared through virtual mode from concerned DLSA before this Court on 08.07.2025 and recorded ‘objection’ in granting bail to the applicant. 2. The applicant has preferred this 1st bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail as he is arrested in connection with crime No. 68/2021, registered at Police Outpost – Ganesh Mod, Police Station – Balrampur, District- SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.07.16 18:18:49 +0530 2 Balrampur-Ramanujganj (C.G.) for offence punishable under Sections 376(2)(ढ़) of IPC and Sections 4 & 6 of the POCSO Act, 2012. 3. The prosecution's case, in short, is that in the year 2018, the victim was studying in class XII and her age was 17 years, at that time the applicant/accused Dipayan Mishra and the victim were introduced. On 19.10.2018 at 10 pm, the applicant/accused took the victim near a temple and raped her by luring her and promising to marry her. After this, the applicant/accused Dipayan Mishra raped the victim several times at different places. Thereafter, when the victim asked for marriage, the accused evaded and after 20 days, the accused, in order to save himself, got the victim notarized in the court and instead of taking her to his house, he took her to a rented house in Balrampur and made physical relations with the victim there. After living together for two months, the accused left on 15.06.2021 on the pretext of going to Ambikapur for treatment and switched off his mobile phone. Based on above, offence has been registered against the applicant. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. There was a love affair between the applicant and the victim, she was a consenting party and both of them were living together as husband wife. The statement of the victim has been recorded before the Trial Court and she has not supported the case of prosecution. He further submits that the applicant is in jail since 19.03.2025, out of 11 prosecution witnesses, only 5 have been examined till date and the trial is likely to take time to be finalized, therefore, it is prayed that the applicant may be enlarged on bail. 5. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that at the time of incident, the victim was minor, therefore, looking to the nature of offence, the applicant may not be released on bail. 6. I have heard learned Counsel appearing for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case, evidence collected by the prosecution against the applicant and the nature of 3 offence, at this stage, without further commenting on merits of the case, I am not inclined to release the applicant on bail. 8. Accordingly, the bail application is Rejected. However, the Trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham