1 2025:CGHC:5620 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 831 of 2025 Deepak Diwan S/o Late Krishana Diwan Aged About 30 Years R/o Village Kosami, Police Station And District Gariyaband (C.G.) ... Applicant versus State of Chhattisgarh Through- Station House OfÏcer, Police Station - Gariyaband, District- Gariyaband (C.G.) ... Non-applicant For Applicant : Mr. Kripesh G. Kela, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 30.01.2025 1. The applicant has preferred this Second Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.281/2024, registered at Police Station – Gariyaband (C.G.) for the offence punishable under Sections 64, 332, 351(2) of Bharatiya Nyay Sanhita, 2023. 2. The earlier bail application of the applicant has been rejected by this Court in MCRC No. 7267 of 2024 vide order dated 08.11.2024 on merits. 3. The case of the prosecution, in brief, is that the victim lodged a complaint stating that on 27.08.2024, when all her family members RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.31 11:14:21 +0530 2 were asleep after dinner, at around 11:00 PM, the applicant who is uncle of the victim, entered her house and attempted to outrage her modesty and commit rape. When the victim resisted, she was threatened with dire consequences, and thereafter, she was sexually assaulted. On 28.08.2024, the victim reported the incident to the police station, following which an FIR was registered. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the applicant is uncle of the victim and because of family dispute the report has been lodged against him. He further submits that after lodging the report the victim realized that she has committed mistake and therefore, she did not raise objection while the application for bail was heard before the Additional District and Sessions Judge Fast Track Special Court (POCSO and Rape Case) Gariyaband (C.G.) and he also submits that the applicant has no previous criminal antecedents. He further submits that the charge-sheet has been filed in this case and the applicant is in jail since 28.08.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposed the bail application and submitted that the victim lodged a complaint stating that on 27.08.2024, when all her family members were asleep after dinner, at around 11:00 PM, the applicant who is uncle of the victim, entered her house and attempted to outrage her modesty and commit rape. When the victim resisted, she was threatened with dire consequences, and thereafter, she was sexually assaulted. 3 Therefore, the applicant is not entitled to be released on bail. 6. I have heard learned counsel for the parties and perused the documents available on record. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and from the perusal of the statement of victim recorded under Section 164 of Cr.P.C the fact that the applicant is an uncle of the victim and further the sexual assault was done upon the victim by the applicant, which is corroborated by her MLC report, thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, this second bail application of applicant - Deepak Diwan involved in Crime No.281/2024, registered at Police Station – Gariyaband (C.G.) for the offence punishable under Sections 64, 332, 351(2) of Bharatiya Nyay Sanhita, 2023, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan