1 2025:CGHC:29524 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5061 of 2025 • Veer Singh @ Pankaj S/o Shri Sukhnidhan Singh Aged About 36 Years R/o Link Road Chanduwabhatha Opposite Ganesh Tiles Police Station Tarbahar District - Bilaspur (C.G.) ... Applicant versus • State Of Chhattisgarh Through The Station House Officer, Police Station Civil Line Bilaspur, District- Bilaspur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Paras Mani Shriwas, Advocate For Respondent : Mr. Bharat Gulbani, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/07/2025 1. This is Second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 233/2024 registered at Police Station – Civil Line, District – Bilaspur (C.G.) for the offence punishable under Section 376, 294, 323, 506, 456, 414, 394 of IPC. 2. The first bail application filed by the applicant has been rejected in MCRC No.1123 of 2025 vide order dated 07.02.2025. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 3. As per the prosecution story, in brief, is that dated 08.03.2024 Victim/Prosecutrix has made on written complaint at Police Station- Civil Line, Bilaspur, District-Bilaspur (C.G.) and stating that on dated 03.03.2024 at about 3.00-3.30 A.M. when she watching mobile on her bed in the rental house meanwhile some unknown persons came there and one of the accused person has pushed her breast as well as made physical relation without her concent, on the basis of said complaint Crime No. 233/2024 has been registered against the unknown persons and during the course of investigation applicant has been arrested on dated 12/03/2024. 4. The learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits the the FIR has been lodged against the applicant after the lapse of 05 days of the incident which has not been explained properly and in the present case charge-sheet has been filed before the competent Court and trial is in progress and till date 03 prosecution witnesses have been recorded by the learned trial Court including the victim. It is further submitted that according to the order-sheet of the trial Court (Annexure-A/4) summons have been issued to Dr. Prateek Pradhan, S.K. Singh, Ayush Pandey and Avinash Pradhan, but they are appearing. He further submits that as per medical report of the victim, no any injury have seen upon her entire body and the actual facts of the case are that the victim implicated him in crime in question only to fulfilled her aim to perform marriage with him and the applicant is in jail since 12.03.2024 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 5. On the other hand, learned State Counsel appearing for the 3 respondent/State opposes the bail application and submits that the statement of victim recorded under Section 183 of BNSS wherein she stated that applicant along with two co-accused persons have entered in their house and one of the co-accused has made sexual intercourse with her without her concent and also committed theft of the ornaments and further from the possession of the applicant, knife was recovered. Accordingly, he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence and the fact that the statement of victim girl aged about 24 years recorded under Section 180 of BNSS, wherein she stated that the applicant along with two co-accused persons have entered in their house and one of the co-accused persons had made sexual intercourse on her without her concent and also committed theft of ornaments and further from possession of the applicant, knife was recovered. However, the present applicant is not involved in committing sexual relationship but the allegation against him is severe in nature thus, this Court does not find it a fit case to release the applicant on bail. 8. Accordingly, this second bail application of applicant – Veer Singh involved in Crime No. 233/2024 registered at Police Station – Civil Line, District – Bilaspur (C.G.) for the offence punishable under Section 376, 294, 323, 506, 456, 414, 394 of IPC, is rejected at this stage. 9. The Chief Medical and Health Officer, Bilaspur is directed to ensure appearance of Dr. Parteek Pradhan before the trial Court for getting 4 his evidence recorded on the next date so fixed and, similarly, the District Magistrate, Bilaspur is also directed to ensure appearance of S.K. Singh, who is stated to be Patwari, for recording his evidence before the trial Court on the next date of hearing. Further, the SSP, Bilaspur is directed to ensure appearance of seizure witness- Ayush Pandey and Investigating Officer- Avinash Pradhan for recording their evidence before the trial Court concerned on the next date so fixed for the said purpose. 10. Learned State counsel is directed to serve a copy of this order to the CMHO, Bilaspur, District Magistrate, Bilaspur and SSP, Bilaspur for information and compliance at the earliest. 11. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali