1 2025:CGHC:2528 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8699 of 2024 Nirapad Bachhad S/o Late Gobind Bachaad Aged About 18 Years R/o Village - Ravindranagar (Navapara), P.S. Jaynagar, Distt. - Surajpur Chhattisgarh ... Applicant versus State of Chhattisgarh Through P.S. Incharge P.S. Jaynagar, District - Surajpur Chhattisgarh. --- Respondent For Applicant : Mr. Daneshwar Yadav, Advocate. For Respondent/State : Ms. Laxmin Kashyap, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 15/01/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.116/2023, registered at P.S - Jaynagar, District - Surajpur Chhattisgarh, for commission of offence punishable under Sections 376(2)(f), 376(3) of the IPC and Sections 6 of the Protection of Children from Sexual Offences Act. 2. Case of prosecution, in brief, is that on 20.03.2023 present applicant has committed rape with the minor victim, due to which, she became pregnant. Based upon report, FIR was registered against the applicant and he has been arrested in the aforementioned crime/offence. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. The doctor in her evidence recorded before this Court has 2 stated that on 19.05.2023 she examined the victim and found that she was three months pregnant, however, as per prosecution case date of incident was of 20.03.2023 ie two months prior. There was two months delay in lodging of FIR. There is no evidence/material available to connect this applicant in the aforementioned crime/offence. Applicant is in jail since 19.05.2023, charge sheet has been filed, conclusion of trial may take some time, hence, he may be released on bail. 4. Learned State Counsel opposes the submission of learned counsel for the applicant and would submit that there is specific allegation against the applicant of committing the aforesaid offence/crime with minor victim aged about 15 years, hence, he is not entitled for grant of bail. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, victim alongwith her mother appeared before this Court by virtual mode from the concerned DLSA. She submits that she is having objection in granting bail to applicant. Her submission is recorded. 7. Considering facts of the case, nature of allegations, submission of learned counsel for the parties, statements of the victim recorded under Section 161 & 164 of Cr.PC in which she has levelled specific allegation against the present applicant of committing the allege offence/crime, further the evidence of PW-5/Doctor who examined the victim, I am not inclined to allow this bail application. 8. Accordingly, bail application is hereby rejected. However, trial Court concerned is directed to expedite the trial, expeditiously as soon as possible. Sd/- (Arvind Kumar Verma) Judge J.