1 2025:CGHC:56127 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8858 of 2025  Gajadhar Sai Paikra S/o Suresh Sai Aged About 58 Years Caste Kanwar, R/o Village Bangaon, Ganjhutoli, P.S. Farsabahar, District Jashpur C.G. ... Petitioner(s) versus  State Of Chhattisgarh Through Station House OfÏcer, Police Station Farsabahar, District Jashpur C.G. ----Non-Applicant For Applicant : Mr. Manoj Chauhan, Advocate For-Non-applicant : Ms. Nupur Trivedi, P.L. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 18.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of B.N.S.S. in connection with Crime No. 56/2024, registered at Police Station Farsabahar District Jashpur, Chhattisgarh for the offences punishable under Sections 64(2) (K) of B.N.S., and Section 6 of POCSO. 2. In pursuance of the order dated 06.11.2025, the victim and her mother appeared before the Court through DLSA Jashpur, and they have raised their objection in releasing the applicant on bail. 2 3. The prosecution story in brief, is that, the complainant has made a complaint to concerned police station against alleging inter-alia that on the date of incident the applicant has carried victim at old house at P.S. Farsabahar, where he has committed sexual intercourse with her without any her consent. On the basis of which FIR was registered and offence was registered against him. 4. Learned Counsel for the convicts/applicant has argued that the applicant has been falsely implicated in the present case and there is no evidence on record to connect the applicant with commission of the offence. He has further argued that there was no evidence adduced by the prosecution with regard to inappropriate behavior of applicant with the prosecutrix. The applicant is in jail since 18.09.2024 and the appeal is likely to take some time for its conclusion, hence the applicant has filed the instant application for suspension of sentence and grant of bail. 5. An objection has been filed on behalf of the State/respondent. It was argued by the State Counsel that victim was aged about 14 years who is suffering from mental and physical disability, was forcibly raped without her consent. Considering the gravity of offence committed by the applicant, he does not deserve to be released on bail. The findings arrived at by the learned trial Court is just and proper. 3 6. I have heard learned counsel for the parties and perused the records of the Court below. 7. Taking into consideration the facts and circumstances of the case, particularly taking into consideration the fact that the prosecutrix is suffering from mental and physical disability and she was forcibly raped without her consent and the gravity of offence committed by the applicant, this Court finds it appropriate to reject the instant application for suspension of sentence and grant of bail, at this stage. 8. OfÏce is directed to provide a certified copy of this order to the trial Court for necessary information. Sd/- (Arvind Kumar Verma) Judge Jyoti