1 2026:CGHC:15696 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1341 of 2026 Order reserved on 02.04.2026 Order delivered on 07.04.2026 Gulab Soni S/o Brindavan Soni Aged About 62 Years R/o Old Bus Stand, Pendra, P.S. Pendra, District- Gpm (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through P.S. Pendra, District G.P.M. (C.G.) ... Respondent(s) For Applicant (s) : Mr. Sandeep Shrivastava with Ms. Arya Shrivastava and Mr. Rakesh Kumar Manikpuri, Advocates For Respondent(s) : Mr. Krishna Gopal Yadav Dy. GA with Mr. Manish Kashyap, Panel Lawyer Hon'ble Shri Justice Narendra Kumar Vyas CAV Order 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular bail to the applicant who has been arrested on 01.12.2025 in connection with Crime No. 355/2025 registered at Police Station- Pendra District Gaurela, Pendra, Marwahi (C.G.) for the offence punishable under Sections 64(2), 351(3) of the BNS, 2023 and 4 and 6 of POCSO Act, wrongly mentioned as under Section 64, 351(3) of BNS in the impugned order dated 20.01.2026. SANTOSH KUMAR SHARMA Digitally signed by SANTOSH KUMAR SHARMA Date: 2026.04.07 12:39:24 +0530 2 2. Case of the prosecution, in brief, is that the victim minor girl made written complaint on 29.11.2025 at Police Station Pendra alleging that on 29.11.2025 at about 4 PM, when she was going to her friend Pari Soni’s house. At the same time, the applicant who lives next to her friend’s house called her then she went to his shop as she knew him earlier thereafter the applicant started telling her that you become very weak and he will give you medicine and make you well and took her to inside the shop and gave some sweets due to which she was feeling like unconscious then the applicant touched her body forcibly and committed rape with her. It is also case of the prosecution that the applicant told that if the victim disclosed the incident to anyone, he will kill her then she did not disclosed the incident to anyone. On the next day, i.e. on 30.11.2025 the victim informed the incident to her parents thereafter, the incident was reported to Police Station Pendra against the applicant. 3. Learned counsel for the applicant would submit that applicant has falsely been implicated in the case and the entire story of the prosecution is fabricated. He would further submit the prosecution has not filed any document to prove allegation levelled on the applicant and he has been roped in the present case because of old rivalry between the family members of the applicant and the victim. Learned counsel for the applicant would further submit that so far as undergarments of victim is concerned, slid and swab, the FSL report has been found negative, as such also no case is made out for commission of offence for which the applicant has been charged. He would further submit that as per Cyber report the victim 3 and accused remained in the shop less than 2 minutes, as such in short duration it is not possible of commission of rape, thus the prosecution case itself become doubtful. Learned counsel for the applicant would further submit that the applicant is an old man aged about 62 years and he is in jail since 01.12.2025, charge sheet has already been filed and he has no past antecedents of this nature and conclusion of trial is likely to take some time for its conclusion, therefore, the applicant may be granted bail. 4. Learned counsel for the State opposes the submission made by learned counsel for the applicants and submits that offence committed by applicant is grievous in nature and against the woman. He would further submit that the victim in her Court statement has reiterated the contains of FIR which has not been rebutted by the defense in the cross-examination of the victim, thus prima-facie involvement of the applicant at this juncture cannot be rulled out, therefore, the applicant is not entitled for grant of bail. 5. On 24.03.2026, the victim appeared before this Court through video conferencing and raised objection with regard to grant of bail to the applicant. Her objection was taken on record. 6. Heard learned counsel for both the parties the records. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence, and the material available in the case diary, particularly the statement of the victim recorded under Section 183 of the BNS, as well as Court statement, prima-facie case is made out against the applicant of rape and sexual assault. Further considering the gravity of the offence, Court is of the opinion that it is not a fit case for grant of bail to the applicant, therefore, the bail application of the applicant deserves to be 4 rejected and it is rejected. However, liberty is granted to the applicant to revive the bail application after examination of material witnesses. 8. Accordingly, the bail application of applicant Gulab Soni, involved in Crime No. 355/2025 under Sections 64(2), 351(3) of the BNS, 2023 and 4 and 6 of POCSO Act, Police Station – Pendra, District Gaurela, Pendra, Marwahi (C.G.) is rejected. 9. It is made clear that any observation made by this Court while deciding the bail application will not have any effect on the merit of the case and the same shall be decided by the trial Court on its own merit in accordance with the law without being influenced by any observation made by this Court. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Narendra Kumar Vyas) Judge santosh