1 2026:CGHC:17664 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3281 of 2026 Himanshu Sahu S/o Shri Vijay Kumar Sahu Aged About 21 Years R/o Shastri Nagar Camp- 1, Bhilai Police Station Chhawani Distt. Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through- The Sho, Police Station Chhawani Distt. Durg (C.G.) ---- Respondent (Cause title is taken from the CIS) ___________________________________________________________ For Applicant : Mr. Vipin Tiwari, Advocate For State-Respondent : Mr. Vivek Mishra, PL ___________________________________________________________ Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 17/04/2026 1. This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.362/2025 registered at Police Station Chhawani, District Durg (C.G.), for the offence punishable under Sections 64(2)(M), 296, 351(3), 115(2) of BNS 2 and Sections 4 & 5 of the POCSO Act. 2. The prosecution story as portrayed in brief is that mother of the prosecutrix has made complaint on 12.07.2025 that the applicant has made forceful physical relation with her daughter on 11.11.2024 and thereafter he has made several times forceful physical relation with her, he threatened her that if she will tell anyone then he will kill his family, the daughter of the complainant had got pregnant. Police has registered crime for the offences punishable under Sections 64(2)(M), 296, 351(3), 115(2) of BNS and Sections 4, 5 of POCSO and arrested the applicant on 21.07.2025. 3. Learned counsel for the applicant contended that the applicant is an innocent and has been falsely implicated in the said case. He further contended that as per the prosecution the incident was taken place on 11.11.2024 but the complaint was made on 12.03.2025 and the cause of delay of 4 months in making complaint has not been explained by the prosecution, this fact has not been considered by the trial Court. He further contended that the prosecutrix is making contradictory statements before the police and in the Courts, her statement is not reliable that the present applicant has forcefully by tying her legs and hands on motorcycle and brought her in his house and committed rap, this fact has not been considered by the trial Court. He further contended that the incident has taken place on 11.11.2024 and 3 the police has arrested the present applicant on 21.07.2025 and they do not require any custody of the present applicant there is love relation between the present applicant and the prosecutrix and the present applicant has denied to marry with the prosecutrix, so she has made a false case against him, this fact has not been considered by the Learned Court below before dismissing the bail application of the applicant. Lastly, he contended that the applicant is in jail since 21.07.2025 and the trial will take considerable time for its conclusion, therefore, the applicant may be released on bail. 4. Pursuant to order dated 10.04.2026, victim and her father appeared through virtual mode from the DLSA-Durg. On being asked, they raised objection to release the applicant on bail. 5. Learned State Counsel opposes the submission made by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts of the case, submission made by learned counsel for the parties. From the bare perusal of the case diary, it is revealed that, sufficient grounds are being shown by the prosecution that the accused/applicant has committed the aforesaid offence. Looking to the nature and gravity of the offence, granting bail to the accused/applicant does not appear 4 to be justified. 8. Accordingly, the bail application of the applicant stands rejected. 9. However, this Court hopes and trust that the trial Court shall make an earnest endeavour to conclude the trial in accordance with law as expeditiously as possible. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Vasant