1 2025:CGHC:14587 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2427 of 2025 Mehattar Singh S/o Kanshiram Markam Aged About 34 Years R/o Village Bhimadih Tahsil Narharpur District - Uttar Bastar Kanker Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House OfÏcer Police Station Narharpur District - Uttar Bastar Kanker Chhattisgarh ... Non-applicant For Applicant : Mr. Ishwar Jaiswal, Advocate For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.03.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 177/2024 registered at Police Station – Narharpur, District Uttar Bastar Kanker (C.G.), for the offence punishable under Sections 115(2), 332(2), 351(2), 64(1) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case, in brief, is that the complainant filed a written complaint at the concerned police station, stating that on the date of the incident, the applicant entered her house while she was ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.27 11:24:10 +0530 2 alone and forcibly committed sexual intercourse with her, threatening to murder her if she resisted. Based on this complaint, the police registered an offense under Sections 115(2), 332(2), 351(2), 64(1) of the Bhartiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He submits that the victim, aged approximately 54 years, is a major who is well aware of right and wrong. He asserts that the applicant did not commit the alleged offense without the victim's consent and has been falsely implicated in this crime without sufÏcient reason. He further submits that the applicant is the only earning member of his family and he is in jail since 28.12.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State Counsel opposes the bail application of the present applicant and submits that the applicant/accused forcibly established a physical relationship with the victim and threatened to kill her if she disclosed the incident. Furthermore, the applicant/accused allegedly committed physical assault, resulting in various injuries to the victim, which are apparent from her MLC report, therefore, the bail application of the present applicant is entitled to be dismissed. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and further the fact that the 3 applicant/accused forcibly established a physical relationship with the victim and threatened to kill her if she disclosed the incident, furthermore, the applicant/accused allegedly committed physical assault, resulting in various injuries to the victim, which are apparent from her MLC report, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, the bail application of the applicant – Mehattar Singh, involved in Crime No. 177/2024 registered at Police Station – Narharpur, District Uttar Bastar Kanker (C.G.), for the offence punishable under Sections 115(2), 332(2), 351(2), 64(1) of the Bhartiya Nyaya Sanhita, 2023, is rejected. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek