1 2025:CGHC:60042 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10171 of 2025 Naresh Banjare S/o Khik Ram Banjare Aged About 49 Years R/o Village Kikirda, Police Station Birra, District Janjgir-Champa (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House O昀케cer, Police of Police Station Birra, District Janjgir- Champa (C.G.) ... Non-applicant For Applicant : Mr. Vivek Singhal, Advocate. For Non-Applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.12.2025 1. This is the Second bail application 昀椀led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 73/2025 registered at Police Station – Birra, District – Janjgir-Champa (C.G.), for the o昀昀ence punishable under Section 64 Bhartiya Nyaya Sanhita, 2023. 2. The earlier bail application of the applicant being MCRC No. 6525 of 2025 was rejected by this Court vide order dated 19.08.2025 on merits. 3. As per the brief facts of the prosecution case, when the victim went to the 昀椀eld for the call of nature, the applicant reached there and committed sexual intercourse with the victim. Therefore, the crime was registered as ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.11 14:48:42 +0530 2 mentioned above, and the charge sheet was 昀椀led before the concerned Court. 4. The learned counsel for the applicant submits that this is the second bail application of the applicant. The 昀椀rst bail application was rejected vide order dated 19.08.2025 on the ground that, after the incident, when the victim complained about the incident, her husband and her son attempted to commit suicide. Thereafter, the victim, her husband, and her brother-in-law have been examined as PW-1, PW-2, and PW-3. PW- 1 speci昀椀cally stated in her cross-examination, in paragraph No. 19, that after the incident, the Panchayat imposed a 昀椀ne on the family members of the victim, due to which her husband and son attempted to commit suicide. He also submits that there are a total of 12 witnesses cited by the prosecution, and out of these 12 witnesses, only 03 witnesses have been examined till date, which means that it will take considerable time for the trial to be concluded. It is pertinent to mention here, at this juncture, that even if the entire prosecution case is taken as it is, the victim is about 40 years of age, and her conduct clearly reveals that she was a consenting party and had voluntarily accompanied the applicant. He also submits that there is a delay of three days in lodging the FIR, and no explanation has been mentioned for the said delay. There is previous enmity between the applicant and the family members of the victim relating to the Gram Panchayat election. He submits that the present applicant has no criminal antecedents and he is in jail since 26.06.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, learned State Counsel opposes the bail application and submits that the trial is in progress, and the statements of the victim as well as other prosecution witnesses have already been recorded, all of 3 whom have corroborated the prosecution’s case. Therefore, considering the seriousness of the o昀昀ence, the applicant’s second bail application is liable to be dismissed. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, and further the fact the trial is in progress, and the statements of the victim as well as other prosecution witnesses have already been recorded, all of whom have corroborated the prosecution’s case, therefore, this Court is of the considered opinion that it is not a 昀椀t case to grant bail to the applicant. 8. Accordingly, the Second bail application of the applicant – Naresh Banjare, involved in Crime No. 73/2025 registered at Police Station – Birra, District – Janjgir-Champa (C.G.), for the o昀昀ence punishable under Section 64 Bhartiya Nyaya Sanhita, 2023, is rejected. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of three months from the receipt of a certi昀椀ed copy of this order in accordance with law, if there is no legal impediment. 10. O昀케ce is directed to send a certi昀椀ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek