1 / 2 2025:CGHC:5679 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 427 of 2025 1 - Ramlal Yadav S/o Late Triveni Yadav Aged About 35 Years R/o Village Patkura, Kakurtanga, Chowki Kunni, Police Station Lakhanpur, District Surguja (C.G.) ... Applicant versus 1 - State of Chhattisgarh Through Police Station Lakhanpur, District Surguja (C.G.) ... Respondent For Applicant : Mr. Anurag Singh, Advocate For State : Ms. Priya Sharma, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 30/01/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested on 21/02/2024 in connection with Crime No. 31/2024, registered at Police Station Lakhanpur, District Surguja, C.G. for the offence punishable under Sections 376 (2) (<+), 363, 366, 506 Part-II of the IPC and Sections 5 (B), 6 of POCSO Act and Section 3 (2- 5) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. 2. The case of the prosecution in brief is that the applicant is engaged in sale and purchase of rice and in lieu of providing work and better ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.02.03 15:20:31 +0530 2 / 2 financial assistance he committed sexual intercourse with the prosecutrix. Thereafter, the FIR was registered and the applicant was arrested. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated. He would next contend that the statement of the prosecutrix and her parents have been recorded and they have turned hostile. He would next contend that the age of the prosecutrix has not been proved to be below 18 years. He would lastly contend that the applicant is in jail since 21/02/2024, therefore, he may be released on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail. 5. Victim and her father has not appeared before this Court despite duly service of notice. 6. I have heard learned counsel for the respective parties at length and perused the documents. 7. Considering the statement of the prosecturix given under Section 164 Cr.P.C. and also the fact that the MLC report is positive wherefrom the commission of forceful rape has been confirmed, I am not inclined to release the applicants on bail. 8. Accordingly, the bail application is rejected. However, the learned trial Court is directed to expedite the trial. Sd/- Sd/- (Arvind Kumar Verma) JUDGE ashu