1 2025:CGHC:12588 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1535 of 2025 1 - Gulshan Kumar Sahu S/o Ashok Kumar Sahu Aged About 19 Years R/o Village Biroda, Sahupara, Police Station Abhanpur, District Raipur Chhattisgarh. ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House OfÏcer, Police Station Mujgahan, District Raipur (C.G.). ---Non-Applicant For Applicant : Mr. Hemant Kumar Sahu, Advocate. For-Non-applicant : Mr. Vivek Sharma, P.L. Hon’ble Shri Arvind Kumar Vema, Judge Order on Board 17/03/2025 1. This is the Second Bail application filed under Section 483 of the B.N.S.S. for grant of regular bail to the applicant who has been arrested in connection with Crime No. 142/2022 registered at Police Station – Mujgahan, District Raipur (C.G.) for offence punishable under Sections 363, 366, 376(3), 376(2)(n), 506 Part II of IPC; Sections 4(2), 5(L), 6 of the POCSO Act and Section 3(2)(v) of the SC and ST (Prevention of Atrocities) Act. Digitally signed by JYOTI JHA Date: 2025.03.20 16:20:20 +0530 2 2. This is the second bail application. Earlier bail application was dismissed on merits on 03.04.2024. 3. Case of prosecution in brief is that victim lodged a report to the concerned police station alleging that the applicant abducted her and committed sexual intercourse with her, based on the report, aforementioned crime was registered and applicant was arrested on 10.09.2022. 4. Learned counsel for applicant submits that applicant has been falsely implicated in the crime, he has not committed any offence as alleged. There are contradiction and omission in the evidence of the victim, hence, her evidence cannot be relied. 5. Learned State counsel opposes the submission of learned counsel for applicant and submits that the victim in her statement recorded under Section 161 and Section 164 of CrPC has made serious allegation of committing sexual intercourse with her and also prepared objectionable video clip and photographs, such an offence is a serious offence, therefore, he does not deserve to be released on bail. The findings arrived at by the learned trial Court is just and proper. 6. I have heard learned counsel for the parties. 7. Taking into consideration, facts and circumstances of the case, nature of allegation, particularly taking into consideration the statement of the prosecutrix and also considering the fact that the appellant committed the offence of rape which is serious in nature and also prepared objectionable video clip and photographs, I do not find present to be a fit case to allow this application. 8. Accordingly, the second bail application of the applicant, is rejected, at 3 this stage. 9. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible, if there is no legal impediment. 10.OfÏce is directed to sent a certified copy of this order to the trial Court for necessary information. Sd/- (Arvind Kumar Verma) Judge Jyoti