1 2025:CGHC:34674 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5404 of 2025 Banti Harpal S/o Kundan Harpal Aged About 19 Years R/o Bsup Colony House No. 07, Labhandi, Police Station Telibandha, Raipur, District : Raipur, Chhattisgarh ... Applicant versus State of Chhattisgarh through the Station House Officer, Police Station New Rajendra Nagar Raipur, District : Raipur, Chhattisgarh ... Respondent For the applicant : Mr. Jitendra Shukla, Advocate For the State : Mr. Karan Kumar Baharani, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 21.07.2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in 277/2024 registered at Police Station New Rajendra Nagar, Raipur, District Raipur (CG) for the offences under Section 376(2)(n) of IPC and Section 6 of the Protection of Children from Sexual Offences, Act. 2. The prosecution story in brief is that on 21.06.2024, a complaint was lodged by father of the victim to the effect that the victim is his minor daughter and the applicant being his neighbor had developed love affairs with his daughter and due to that love affairs, accused forcibly had physical relations with his daughter/victim, as a result of which, the girl A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.07.23 11:12:56 +0530 2 became pregnant. On the basis of the information given by the complainant, offence was registered against the applicant. 3. Learned counsel for the applicant submits that the offence, as has been projected by the prosecution, was not committed by the applicant and he has been falsely implicated in this case. He submits that the prosecutrix was a consenting party and the DNA report has not been placed on record. He further submits although the prosecutrix is stated to be minor yet the evidence of correct age has not been proved. He submits that the applicant is in jail since 11.07.2024 and there is no immediate possibility of disposal of case, therefore, he may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that at the time of incident, the girl was minor and in her court statement, the girl has supported the prosecution case. He submits that due to forcible physical relations established by the applicant, the girl became pregnant. 5. The victim girl along with her father has appeared through VC from the concerned DLSA and objected to bail. 6. Having considered the submissions made by learned counsel for the parties and the facts and circumstances of the case, I am not inclined to release him on regular bail at this stage. Accordingly, the bail application is rejected. 7. However, looking to the custody period of the applicant, the trial Court is directed to expedite the trial and ensure that the trial is completed as early as possible. 8. A copy of this order be sent to the trial Court for necessary information. Sd/- (Sanjay Kumar Jaiswal) Judge Rao 3