1 / 3 2025:CGHC:1835 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8566 of 2024 1 - Naveen Bhatth S/o Kesar Bhatth Aged About 45 Years R/o LIG - 43, Sarda Colony Jamnipali, Darri, Police Station Darri, District Korba Chhattisgarh, At Present Resident Of Kouhakunda, Pahad Mandir, Police Station Chakradhar Nagar, District Raigarh Chhattisgarh. ... Applicant versus 1 - State of Chhattisgarh Through The Station House Officer, Police Station Chakradhar Nagar, District Raigarh Chhattisgarh. ... Respondent For Applicant : Mr. Shikhar Sharma, Advocate For State : Ms. Vaishali Mahilong, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 10/01/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 19/09/2024 in connection with Crime No. 439/2024, registered at Police Station Chakradhar Nagar, District Raigarh C.G. for the offence punishable under Sections 376 & 506 of the IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.01.14 13:42:29 +0530 2 / 3 2. As per the prosecution case in winter 2023, the applicant called the prosecutrix at about 3 AM in the night, when there was no one in the house of the prosecutrix and he forcefully compelled the prosecutrix to drink some drug and then committed sexual intercourse with her which was later on revealed by the prosecutrix to her family and then the FIR was registered. Thereafter, the present applicant was arrested. 3. Learned counsel for the applicant would submit that there is delay of 09 months in lodging the FIR and the false FIR has been registered because of old family dispute. He would next contend that the prosecutrix stated the incident to be happened on 10/12/2023 in the night whereas on the said date the applicant was not available in the Raigarh and he had gone to Jharkhand for celebrating birthday of his daughter by taking leave. He would lastly contend that the applicant is in jail since 19/09/2024 and the charge-sheet in this case has been filed, therefore, the applicant may be released on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail. 5. The prosecutrix along with her mother appeared before this Court through Video conferencing from DLSA Raigarh and she strongly objected for grant of bail to the applicant. 6. I have learned counsel for the parties and perused the documents. 7. It is a case of forceful rape and the applicant on the date of incident at about 3.00 AM compelled the prosecutrix to consume the drug and then committed sexual intercourse and the age of the victim is 16 Years and 09 Months and the age of the applicant is 47 years and he is a married person. Though there is delay in lodging the FIR but in the rape cases it 3 / 3 is a matter of evidence. Therefore, considering the entire facts & circumstances of the case and looking the seriousness and gravity of the offence, I am not inclined to release the applicant on bail. 8. Accordingly, the bail application is rejected. SD/- (Arvind Kumar Verma) JUDGE ashu