1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5863 of 2025 1 - Alexgender Suryawanshi S/o Saupat Suryawanshi, Aged About 23 Years R/o Village Tilai, P.S. City Kotwali, Janjgir, District Janjgir Champa C.G. ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Janjgir Champa District Janjgir Chmapa C.G. ... Respondent For Applicant : Mr. Nitansh Kumar Jaiswal, Advocate For Respondent : Mr. Karan Kumar Baharani, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 13.08.2025 1. The victim along with her parents appeared before this Court on 12.08.2025 through virtual mode from the concerned DLSA and raised objection in granting bail to the applicant. 2. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.661/2024 registered at Police Station Janjgir, District Digitally signed by BHOLA NATH KHATAI Date: 2025.08.14 12:00:53 +0530 2 Janjgir-Champa (CG) for the offence punishable under Sections 376(2)(n), 506 Part-II of IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012. 3. As per the prosecution case, the applicant knowing fully well that the victim was a minor, committed sexual intercourse with her several times on the pretext of marriage. It is also alleged that when the victim asked for marriage, the applicant refused to marry her and threatened to beat her. Subsequently, on report being made in this regard, the applicant was arrested on 14.08.2024. 4. Learned counsel appearing for the applicant submits that the victim has been examined before the trial Court and she has not supported the case of prosecution. He submits that the victim was a consenting party and she went with the applicant of her own will. He submits that there is no authentic evidence regarding the age of the victim. He further submits that out of total 23 witnesses, only 4 witnesses including the victim, her father, the Headmaster and the doctor have been examined till date, the applicant is in jail since 14.08.2024 and there is no likelihood of the trial to be concluded at the earliest. Therefore, considering all these facts, the applicant may be released on bail. 5. State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident, therefore, her consent is of no relevance/consequence and 3 considering the nature of offence and the victim is not hostile, the applicant does not deserve to be released on bail. 6. Heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the entire facts and circumstances of the case, particularly the nature and gravity of offence and the material collected and available on record against the applicant, this Court is not inclined to release the applicant on bail. 8. Accordingly, the present bail application stands rejected. 9. However, considering it to be an exceptional case as the applicant is in jail since 14.08.2024 and there are total 23 witnesses in this case out of which only 4 witnesses have been examined so far, the Trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible preferably within a period of 5 months from the date of receipt of a copy of this order. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai