1 2025:CGHC:12579 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2062 of 2025 Satyendra Mishra @ Bihari S/o Dadan Mishra Aged About 20 Years R/o Village Nayatola, Madhumalat, P.S. Trikoliya, District Motihari (Bihar), Presently Residing At Namnakala, Rented House of Akhilesh Nayak, Police Station Gandhinagar, District Surguja Chhattisgarh. ... Applicant versus State of Chhattisgarh Through P.S. Gandhinagar Ambikapur, District Surguja Chhattisgarh. ... Non-Applicant For Applicant : Dr. Sudeep Agrawal, Advocate. For Non-Applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.03.2025 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. 743/2024, registered at Police Station Gandhinagar Ambikapur, District- Surguja, (C.G.) for the offence punishable under Sections 64(1) and 115(2) of Bhartiya Nyay Sanhita, 2023. 2. As per the prosecution’s case, in brief is that on 14.12.2024, the present applicant forcibly committed rape on the victim, a 24-year- RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 old adult woman. Subsequently, she lodged a complaint, and based on her report, an offence was registered against the applicant under Sections 64(1) and 115(2) of the Bharatiya Nyaya Sanhita (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 applicant and the victim are both laborers. The victim allegedly demanded Rs. 5,000 from the applicant, and when he refused, she lodged a false FIR against him out of revenge. He further submits that the victim is a 24-year-old adult woman, and the applicant has been falsely implicated without any valid reason. He also submits that the injuries sustained by the victim are simple in nature. He further submits that the rented house where the victim resides has more than three similar houses in the vicinity and is located in an area with a regular influx and efÒux of people. He further submits that the applicant is in jail since 14.12.2024 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 the present applicant forcibly committed rape on the victim, a 24-year-old adult woman. He also submits that the MLC report shows that there are grievous 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. 3 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the present applicant forcibly committed rape on the victim, a 24- year-old adult woman and MLC report shows that she has suffered grievous injuries on her lips and a bruise on her forehead, 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 – Satyendra Mishra @ Bihari, involved in Crime No. 743/2024, registered at Police Station Gandhinagar Ambikapur, District- Surguja, (C.G.) for the offence punishable under Sections 64(1) and 115(2) 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