1 2025:CGHC:45671 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7001 of 2025 Sonam Yadav @ Som S/o Pramod Yadav, Aged About 20 Years, R/o Chandani Chowk Jhulna, Police Station- Maro, District Bemetara C.G., At Present Address Pawan Dal Mill Ghusera, P.S. Mujgahan District - Raipur C.G. ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station- Mujgahan, District - Raipur C.G. ... Non-Applicant For Applicant : Mr. Poshan Kumar, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 08.09.2025 1. This is the Third bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who have been arrested in connection with Crime No. 302/2024 registered at Police Station : Mujgahan, District - Raipur, for the offence punishable under Sections 64 and 351(2) of Bharatiya Nyaya Sanhita, 2023. 2. Earlier two bail applications of the applicant were rejected by this PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.09 18:53:42 +0530 2 Court vide order dated 10.03.2025 and 17.06.2025 passed in MCRC Nos. 1203/2025 and 4557/2025. 3. As per the prosecution story, the complainant has made report to concerned Police Station that the applicant has committed sexual intercourse with the victim in several time at several places. Based upon the complaint, the Police has registered the offence punishable under Sections 64 and 351(2) of B.N.S. in Crime No. 302/2024 against the applicant in connection of this crime. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the earlier two bail applications were rejected by this Court vide order dated 10.03.2025 and 17.06.2025, passed in MCRC Nos. 1203/2025 and 4557/2025, respectively. He further submits that the victim, in her evidence before the learned trial Court, turned hostile and deposed in favour of the applicant. A copy of the victim’s deposition has been filed as Annexure A/5 with this bail application. He further submits that the charge-sheet has been submitted and he is in jail since 21.12.2024. Therefore, he prays that the applicant to be enlarged on bail. 5. On the other hand, the learned counsel for the State opposes the bail application and submits that earlier two bail applications were rejected by this Court on merits, therefore, the applicant is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Taking into consideration the facts and circumstances of the case, 3 and the fact that the applicant's earlier bail applications have already been rejected on merits by this Court vide orders dated 10.03.2025 and 17.06.2025 passed in MCRC Nos. 1203/2025 and 4557/2025, respectively, further, the present bail application has been filed on the ground that the victim has turned hostile before the trial Court, however, merely because the victim has turned hostile cannot, by itself, be a ground to enlarge the applicant on bail, especially when the allegations against the applicant are of a serious nature and have already been considered at length during the earlier bail rejections, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the bail application of applicant – Sonam Yadav @ Som involved in Crime No. 302/2024 registered at Police Station : Mujgahan, District - Raipur, for the offence punishable under Sections 64 and 351(2) of Bharatiya Nyaya Sanhita, 2023, rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti