1 CGHC010195052026 2026:CGHC:28262 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4666 of 2026 1 - Manish Diwakar S/o Dwajram Diwakar Aged About 21 Years Resident Of Village Mohlai, Police Station Dhamdha, District Durg, Present Address Village Godhi, Police Station Nandini Nagar, District Durg, Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Nandini Nagar, District Durg, Chhattisgarh ... Respondent For Applicant : Mr. Praveen K. Dhurandhar, Advocate. For Respondent/State : Mr. Rohitashva Singh, Dy. G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 08 / 07 / 2026 1. The accused/applicant has moved this Second bail application under Section 483 of BNSS, 2023 for releasing him on regular bail during trial in connection with Crime No. 37/2025 registered at Police Station – Nandini Nagar, District – Durg (C.G.) for the offence punishable under Section 137(2), 70(2), 87, 64(2)(m) of BNS, 2023 and Sections 5(L), 6 of POCSO Act (As per final report). Digitally signed by HEERA LAL SAHU Date: 2026.07.09 10:07:39 +0530 2 2. The first bail application of the applicant was dismissed on merit on 08.07.2025 in MCRC No. 4481/2025. 3. The case of the prosecution is that on 01.03.2025, the mother of the victim filed a complaint in Police Station Nandini, alleging that her daughter had gone to her uncle's (Dhanesh Tandon) house on 13.02.2025, to attend a wedding. She received a call stating that her daughter had left the house without informing anyone at 11 pm on 23.02.2025. The victim returned home on her own on 16.03.2025. The allegation against the present applicant is that the applicant dropped the victim to Nandini Bus Stand and committed sexual intercourse with her. Based on this, offence has been registered against the applicant. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. It is further submitted that at the time of the first bail application of the applicant, the trial was not commenced, but now only 3 witnesses, including the victim, out of 22 listed witnesses have been examined till date. The applicant is in jail since 24.03.2025. There is no likelihood of his case being decided in the near future, therefore, the present applicant may be released on bail. 5. On the other hand, learned counsel for the State opposed the bail application, submitting that at the time of incident, the victim was aged about 16 years and she has categorically stated that the present applicant has committed sexual intercourse with her. The victim has supported the case of the prosecution 3 in her Court statement, therefore, at this stage, the applicant may not be released on bail. 6. On 03.07.2026, the victim and her mother appeared through V.C. from the concerned DLSA and raised objection to grant of bail to the applicant. 7. I have heard learned counsel for the parties and perused the case diary. 8. Considering the entire facts and circumstances of the case, particularly looking to the material available on record and the evidence against the applicant, further considering gravity of the offence, at this stage, I am not inclined to release the applicant on bail. 9. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected. 10.However, considering the fact that the applicant is in jail since 24.03.2025 and only 3 witnesses out of 22 witnesses have 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 preferably within a period of 5 months from the receipt of a copy of this order. 11.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