1 2025:CGHC:42436 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6117 of 2025 1 - Raju Gupta @ Laddu S/o Late Dwarika Prasad Gupta Aged About 29 Years R/o Village- Navadih, Police Outpost- Trikunda, P.S. Ramanujganj, Distt.- Balrampur-Ramanujganj (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through - The S.H.O. Police Station - Odgi, District- Sarguja (C.G.) ... Respondent For Applicant : Mr. Gyan Prakash Shukla, Adv. For Respondent/State : Mr. Karan Baharani, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 21 / 08 / 2025 1. The accused/applicant has moved this first bail application under Section 483 of BNSS, 2023 for releasing him on regular bail during trial in connection with Crime No. 12/2025 registered at Police Station –Odgi, District – Sarguja (C.G.) for the offence punishable under Sections Digitally signed by HEERA LAL SAHU Date: 2025.08.22 10:21:53 +0530 2 61, 70(2), 87, 137(2), 3(5) of BNS and Sections 4 & 6 of the POCSO Act. 2. As per the prosecution’s case, on 15.04.2025, father of the victim lodged a written complaint stating that on 13.04.2025 the victim was going to local market and for that she was standing near the roadside. At that time, the applicant along with co-accused namely Abrar Ansari stopped the car and given lift to the victim. Thereafter, they have taken the victim to Kudargarh fare and while returning near Baijnath chowk the applicant and the co- accused have committed forcibly sexual intercourse with the victim. Based on this, offence has been registered against the present appellant along with co-accused. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the victim is habitual in implicating the people in the same crime. The victim has given a false statement before the Court as she stated in para 22 of her statement that on 18.03.2025, she lodged a report against one Dharampal Yadav for the offence of quarrel and abuse, whereas the case was of rape. The said FIR has been produced before this Court in a closed envelope. He also submits that even the MLC report does not disclose whether the rape was committed. On the basis 3 of the Court statement of the victim, the co-accused, Abrar Ansari, has been granted bail by the trial Court. The applicant is in jail since 18.04.2025, and there is no likelihood of his case being decided in the near future; therefore, the present applicant may be released on bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the applicant did a heinous crime with a minor girl aged about 16 years and 11 months, there are 22 listed witnesses in this case, out which only 1 witness i.e. victim has been examined, who has supported the case of the prosecution against the present applicant and some important witnesses are still remained to be examined; therefore, at this stage, he may not be enlarged on bail. 5. The victim and her mother appeared through video conferencing from the concerned DLSA and raised their objection in granting bail to the applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the entire facts and circumstances of the case, particularly looking to the material available on record, the evidence collected by the prosecution against the applicant and the nature of crime, at this stage, I am not inclined to release the applicant on bail. Accordingly, the bail 4 application filed under Section 483 of BNSS, 2023, is rejected. 8. However, considering the fact that the applicant is in jail since 18.04.2025 and only 1 witness out of 22 witnesses has been examined till date, the concerned trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible. 9. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu