1 2025:CGHC:54951 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7909 of 2025 Surendra Bariha S/o Shri Ravilal Bariha Aged About 28 Years R/o Village- Kishanpur, P.S. Pithora, District- Mahasamund (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer Pithora, District- Mahasamund (C.G.) ... Respondent For Applicant : Shri Surfaraj Khan, Advocate. For Respondent/State : Shri Nitansh Jaiswal, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/11/2025 1. Learned State counsel submits that the notice issued to the victim has already been served but neither the victim in person nor the counsel on behalf of the victim has appeared to contest the matter. 2. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.12 18:36:28 +0530 2 No.238/2024 registered at Police Station Pithora, District- Mahasamund (C.G.) for the offence punishable under Sections 376, 376 (2) (n), 323 of the I.P.C. & 4, 6 of POCSO Act. 3. Case of the prosecution, in brief, is that on 28/12/2024, the prosecutrix has lodged the report at Police Station Pithora against the applicant with the allegation that the applicant has committed sexual intercourse with the prosecutrix on 25/10/2022, under the pretext of marriage and thereafter the prosecutrix had repeated sexual intercourse with the applicant. 4. Learned counsel for the applicant submitted that the victim has been examined and it is stated that as per the statement of the victim, it goes to show that she was having affair with the applicant and on the pretext of marriage, he committed sexual intercourse with her but when the relationship could not materialize, present FIR has been lodged. He would submit that the applicant is in jail since 29/05/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 5. On the other hand, learned State Counsel opposes the bail application and he would submit that out of total 9 prosecution witnesses, statement of 3 prosecution witnesses have been recorded. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, perused the statement of the victim under Section 183 BNSS which goes to show that she was having affair with the applicant and on the pretext of marriage, he committed sexual intercourse with her, when the 3 relationship could not materialize, present FIR has been lodged, but considering the fact that out of total 9 prosecution witnesses, statement of 3 prosecution witnesses have been recorded, as the trial is in progress, 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 Surendra Bariha involved in Crime No.238/2024 registered at Police Station Pithora, District- Mahasamund (C.G.) for the offence punishable under Sections 376, 376 (2) (n), 323 of the I.P.C. & 4, 6 of POCSO Act, is rejected. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri