1 2025:CGHC:10865 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1794 of 2025 Koushal @ Jheethara @ Chamra Patel S/o Late Samelal Patel Aged About 55 Years R/o Sidarpara, Village Darrabhata, Ps Seepat District Bilaspur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through P.S. Sipat, District Bilaspur Chhattisgarh. ... Non-Applicant For Applicant : Mr. Vikhyat Arora, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 341/2024, registered at Police Station Sipat, District- Bilaspur, (C.G.) for the offence punishable under Section 64(1) of Bhartiya Nyay Sanhita, 2023. 2. As per the prosecution’s case, it is alleged that on the night of 18.07.2024, while the victim was sleeping in her room, the accused, who is her father-in-law, entered the room and forcibly committed rape on her. Based on the vicitm’s written complaint filed on RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 19.07.2024, an FIR was registered against the accused for the offence of rape under Section 64(1) of the Bhartiya Nyaya Sanhita (BNS). Consequently, the applicant was arrested by the police of P.S. Sipat, District Bilaspur, on 20.07.2024 in Crime No. 341/2024 for the alleged offence under Section 64(1) of BNS. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the victim has made highly contradictory statements in her court testimony. He further submits that the vicitm, along with her parents, went to the police station and filed a report after a delay, having carefully considered the matter. In her court testimony, the victim stated that she had informed Badrika Patel, her father-in-law Rohit, and Chhataunin about the incident. However, Chhataunin, in her court testimony, stated that the victim did not inform her about the incident. He further submits that the victim also stated that she and her parents had a dispute with the applicant/accused, after which the report was filed. The charge sheet has already been submitted in the case, and the Court has also examined the necessary witnesses. He is a permanent resident of the address mentioned above, and there is no likelihood of him absconding. He further submits that the applicant is in jail since 20.07.2024 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that while the 3 victim was sleeping in her room, the applicant/accused, who is her father-in-law, entered the room and forcibly committed rape on her. He also submits that the MLC report shows that there are some injuries found on her body, therefore, he is not entitled for grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that while the victim was sleeping in her room, the applicant/accused, who is her father-in-law, entered the room and forcibly committed rape on her and MLC report shows that there are injuries found on her body, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail, accordingly, the bail application of applicant – Koushal @ Jheethara @ Chamra Patel, involved in Crime No. 341/2024, registered at Police Station Sipat, District- Bilaspur, (C.G.) for the offence punishable under Section 64(1) of Bhartiya Nyay Sanhita, 2023, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan