2025:CGHC:35522 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5732 of 2025 Nandkumar Kurre Son Of Jageshwar Prasad Kurre Aged About 18 Years R/o Village Kotmisonar, Police Station Akaltara, District Janjgir-Champa (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Akaltara, District Janjgir-Champa (C.G.) ...Respondent(s) (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Applicant : Shri Vipin Singh Thakur, Advocate For Respondent/State : Shri Kulesh Sahu, PL For Objector : Shri Amitesh Pandey, Advocate ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 23.07.2025 1. Heard on the application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS, 2023). This is the 2nd bail application before this Court filed by the applicant for grant of regular bail. The 1st bail application has been dismissed as withdrawn with liberty to repeat the same after examination of material witnesses vide order dated 18.11.2024, passed in MCRC-4570 of 2024. 2. The applicant have been arrested on 18.05.2024 in connection with Crime No.246 of 2024 (wrongly mentioned as 248 of 2024 in Annexure A2), registered at PS-Akaltara, District- Janjgir-Champa, Chhattisgarh for the offence punishable under Sections 376(3) of the IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012. Digitally signed by ALOK SHARMA Date: 2025.07.23 18:59:34 +0530 Mcrc 5732 of 2025 2 3. Learned counsel for the applicant would submit that after examination of the victim, parties have entered into compromise. Trial of the case is not in considerable progress, and only four witnesses have been examined till date. Therefore, applicant may be released on bail. 4. On the other hand, learned State counsel opposes and would submit that the 1st bail application has been dismissed as withdrawn with liberty to the applicant ion 18.11.2024, and prior to that, victim and other witnesses have already been examined on 26.09.2024, whereas, PW3- Dr Lalita Toppo, who medically examined the victim, and PW4 Head Master of the School have been examined on 29.01.2025. Trail of the case is in progress, therefore, applicant is not entitled for release on bail. 5. Learned counsel for the objection would submit that he is having no objection in granting bail to the applicant. 6. Considering the submissions made by learned counsel for the parties, considering nature of allegation and te evidence against the applicant, further considering that the 1st bail application has been dismissed with liberty to repeat the same after examination of material witnesses, and on that day, victim has already been examined as PW2, further considering that trial of the case is in progress, I am not inclined to grant bail to the applicant. 7. Accordingly, the bail application is dismissed at the motion stage itself. 8. However, considering that applicant is in jail since 18.05.2025 (wrongly mentioned in the application as 01.06.2024), learned trial Court is directed to expedite the trial. Sd/- (Ravindra Kumar Agrawal) JUDGE padma