1 2025:CGHC:12673 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 365 of 2025 Chhattar Rajwade S/o Bhagan Ram Rajwade Aged About 20 Years R/o Village Salka Post Dedri Police Station Surajpur District - Surajpur (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer Police Station Surajpur District - Surajpur (C.G.) ... Respondent For applicant : Shri Keshav Dewangan, Advocate. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 17/03/2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.19 11:27:01 +0530 2 with Crime No.38/2025, registered at Police Station Surajpur, District Surajpur (C.G.) for alleged commission of offence punishable under Sections 115(2), 351(3), 70(1) of BNS, 2023. 2. Case of the prosecution, in brief, is that on 17.01.2025 the victim who was major on the date of incident lodged the complaint against the present applicant, Bundeshwar Soni and Vinod Rajwade by stating that on 15.01.2025 when she along with her friends were going to Kumeli Mela and when they returned her home village, the main accused Bundeshwar Soni and Vinod Rajwade met the victim and as per request of victim, the co- accused persons given lift in their motorcycle and they took near Salka Rajwaripara, the co-accused stopped the vehicle and committed gang rape to her. She further stated in her complaint that at the time of incident the present applicant was standing near the place of incident. After receiving the said information, the concerned police registered the FIR under the aforementioned offences against the present applicant and co-accused persons. 3. Learned counsel for the applicant submits that though the applicant is named in the FIR alongwith two co-accused persons and only allegation is that he was standing at the place of occurrence. Hence he prays to enlarge the applicant on anticipatory bail. 4. Learned State counsel opposes the prayer for grant of anticipatory bail and would submit that as per 183 BNS statement of the victim 3 there is allegation against the applicant and two co-accused persons for committing rape on her and MLC is found to be positive as injury were found on the face and right eye, therefore the applicant is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence, also considering the fact that as per statement of the victim there is allegation against the applicant and two co- accused persons for committing rape on her and MLC is found to be positive as injury were found on the face and right eye, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant - Chhattar Rajwade , involved in Crime No.38/2025, registered at Police Station Surajpur, District Surajpur (C.G.) for alleged commission of offence punishable under Sections 115(2), 351(3), 70(1) of BNS is rejected. Sd/-Sd Sd/- (Ramesh Sinha) Chief Justice gouri