1 2026:CGHC:14654 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9936 of 2025 1 - Shubham Shukla S/o Omprakash Shukla, Aged About 23 Years, R/o Vill. - Bahuli P.S. Nargadi District- Maunganj (M.P.) Present Address Bardiya Vihar, Rented House of Shrivashtava Amlidih P.S. New Rajendra Nagar District- Raipur (C.G.) ... Applicant versus 1 - State of Chhattisgarh, Through P.S. New Rajendra Nagar, Raipur District- Raipur (C.G.) ... Respondent (Cause-title taken from Case Information System) For Applicant : Mr. Niraj Baghel, Advocate. For State : Mr. Ghanshyam Kashyap, Deputy Govt. Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 27-03-2026 1. This is second bail application of the applicant filed under Section 483 of BNSS, 2023 before this Court. His first bail application, MCRC No.6589/2024 was dismissed as withdrawn by this Court vide order dated 22-11-2024. The applicant who has been arrested on 26-06-2024 in connection with Crime No.280/2024 registered at Police Station New Rajendra Nagar, Raipur, District Raipur for offence under Section 376 of the IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’) is claiming regular bail. 2. The brief facts of the case are that, on 25-06-2024 the FIR has been registered against the applicant for the offence under Section 376 of the IPC on the complaint made by the victim that when she came to Raipur to earn Digitally signed by MOHAMMED AADIL KHAN Date: 2026.03.30 18:19:29 +0530 2 her livelihood along with her relative, they provided room by the applicant near Amlidih. On 24-06-2024 when her cousin brother had gone for his work the applicant came to her room and committed rape upon her. Thereafter, the applicant has been arrested on 26-06-2024 and after investigation charge sheet has been filed, in which he is claiming regular bail. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in the case raising allegation that he committed rape upon the victim, however, the applicant only asked the victim to vacate the rented house. He would further submit that there was no dispute between the applicant and the victim, but on the instance of the maternal brother of the victim she lodged the report, who in fact is not the maternal brother of the victim but he was having affair with her. He would also submit that trial of the case is not having considerable progress and the applicant is in jail since 26- 06-2024 and final adjudication of the case will take its own time. Therefore, the applicant may be enlarged on bail. 4. On the other hand, learned counsel for the State opposes and has submitted that the applicant has withdrawn his first bail application on 22-11-2024 with liberty to repeat the same after examination of the material witnesses, however, there are other material witnesses apart from the victim and her family members as well as the doctor, who are yet to be examined. The trial is in progress and therefore the applicant is not entitled for bail. 5. I have heard learned counsel for the parties and perused the material annexed with the present bail application. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation, further considering the age of the victim and the evidence available in the charge sheet with respect to her age and also the facts that the first bail application of the applicant has been dismissed as withdrawn, 3 trial of the case is going on and 8 witnesses out of total 19 witnesses have already been examined including the victim, I am not inclined to release the applicant on bail at this stage. Accordingly, present second bail application filed by the applicant is rejected. 7. Considering the fact that the applicant in jail since 26-06-2024, the learned trial Court is directed to expedite the trial of the case. Copy of this order be forwarded to the concerned trial Court for necessary compliance. Sd/- (Ravindra Kumar Agrawal) Judge Aadil