1 2025:CGHC:37693 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5127 of 2025 Vijay Mistri S/o Late Gopal Mistri Aged About 26 Years R/o Village Kishunpur Sakalo, Police Station Gandhinagar, District Surguja Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through - Police Station Gandhinagar, District Surguja Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Ujjawal Agrawal, Advocate For Respondent(s) : Mr. Sakib Ahmad, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 31/07/2025 1. The applicant has preferred this First Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 676/2024, registered at Police Station Gandhi Nagar, District- Sarguja (CG) for the offence punishable under Section 64(2)(m), 65(1), 88, 351(3) of BNS and Section 6 of POCSO Act, 2012. 2. As per the prosecution story, the aunt of the prosecutrix lodged a 2 written complaint on 15.11.2024 alleging that from 03.05.2024 to 04.11.2024, the present applicant had been sexually assaulting her minor niece and established physical relations with her against her will. It is further alleged that the present applicant Vijay Mistri, who resides adjacent to their residence, had been luring the minor victim for the past 5-6 months by taking her to a nearby field, where he repeatedly committed sexual acts with her as a result of which the victim became pregnant and then the applicant gave her abortion pills to terminate the pregnancy, which led to serious decline in her health. Despite her repeated resistance, the applicant threatened her for life and forced her into physical relations against her will. On the basis of the aforesaid allegations, an FIR was registered against the applicant for the offences punishable under Section 64(2)(d), 65(1), 88, 351(3) of BNS and Section 6 of POCSO Act and later the charge sheet was filed. 3. It was argued by the counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the the charge-sheet/complaint has been filed and the applicant is in jail since 15.11.2024. Hence, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submits that the statement of victim under Section 183 of BNS, 2023 goes to show that the victim who is minor aged about 15 years was forcibly taken by the applicant in the field where rape was committed upon her and further the applicant used to 3 threaten her and sexually abuse her and also administer some pills to the victim. The charge-sheet has been filed in the present case before the competent Court, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of the allegation levelled against the applicant and considering the statement of the prosecutrix, this Court is of the opinion that this is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of applicant- Vijay Mistri involved in Crime No. 676/2024 under Section 64(2)(m), 65(1), 88, 351(3) of BNS and Section 6 of POCSO Act, 2012 at Police Station Gandhi Nagar, District- Surguja, Chhattisgarh, is rejected. 7. However, this Court hopes and trusts that the Trial Court shall make earnest endeavour to conclude the trial expeditiously as soon as possible in accordance with law, if there is no legal impediment. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Madhurima