1 2025:CGHC:38793 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5139 of 2025 1 - Ramjan Khan S/o Ghasi Khan Aged About 26 Years R/o - Village - Khutgaon, Police Station - Devbhog, District - Gariyaband (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station - Devbhog, District - Gariyaband (C.G.) ... Respondent(s) For Petitioner(s) : Shri Shivendu Pandya, Advocate For Respondent/State : Shri Rishabh Bisen, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 05/08/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 293/2024 registered at police station Devbhog, District Gariyaband (CG) ) for the offence punishable under Sections 137(2),87,64(2)(m) and 3(5) of the BNS Act, 2023 and Sections 4 and 6 of the POCSO Act, 2012. 2 2. Prosecution case in brief is that a report was lodged by father of the prosecutrix alleging that the applicant developed physical relation with the prosecutrix on the pretext of marriage. It is also alleged that on the date of incident ie. 13.09.2024, in the night when she came out for bathroom, the applicant and the co-accused persons covered her with a dupatta from behind and took along with them in the motorcycle to the house of his aunt. On the way, the applicant stopped the motorcycle and committed sexual intercourse with her. The next morning, the police came to the house of his aunt and recovered the prosecutri from the custody of the applicant and on the basis of the FIR lodged against the applicant and the co-accused, he was arrested on 14.09.2024. 3. Contention of the counsel for the applicant is that the applicant has been falsely implicated in the crime in question and the entire case is fabricated and concocted. He submits that the prosecutrix was major aged about 17 years and 25 days and a consenting party. It is also submitted that they were having love affair and they resided together for sometime as husband and wife. He further submits that the co- accused has already been granted bail by this Court in M.Cr.C. No. 8308 of 2024 vide order dated 07.01.2025 and therefore the applicant may be granted similar benefit. Lastly, it is submitted that the applicant is in jail since 14.09.2024 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion and therefore the applicant be released on bail. 4. Learned counsel for the respondent/State, on the other hand, has opposes the bail application. However, he submits that during trial, the prosecutrix and her father have been examined before the trial court and they have supported the prosecution case. 3 5. Victim and her mother appeared through VC from the concerned DLSA and has raised objection for grant of bail. 6. Heard counsel for the parties and perused the case diary with utmost circumspection. 7. Considering the facts and circumstances of the case, the rival submissions made by the parties and further taking into consideration the fact that during trial the prosecutrix and her father were examined and the prosecutrix has supported the prosecution case and at the time of commission of the offence, the prosecutrix was minor. So far as the co-accused Abdul Rehman is concerned, he has only accompanied the applicant in his motorcycle and has not committed the offence of rape, therefore, the applicant cannot claim the ground of parity and I am not inclined to release him on bail. Accordingly, his bail application filed under Section 483 of the BNSS is hereby rejected. However, the trial court is directed to expedite the trial as expeditiously as possible. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.08.07 11:19:45 +0530