1 2025:CGHC:14814 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2447 of 2025 1. Ajay Yadav S/o Rajendra Yadav Aged About 31 Years R/o Ward No. 09 Kusumkasa, Police Station Rajhara, District Balod, Chhattisgarh. 2. Chandan Yadav S/o Late Raju Lal Yadav Aged About 30 Years R/o Ward No. 3 Gairej Para, Kusumkasa, Police Station Rajhara, District Balod, Chhattisgarh. ... Applicants versus State of Chhattisgarh Through Police Station Rajhara, District Balod, Chhattisgarh. ... Non-applicant For Applicants : Mr. Rishabh Bisen, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.03.2025 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 applicants who have been arrested in connection with Crime No. 296/2024 registered at Police Station – Rajhara, District Balod (C.G.), for the offence punishable under Sections 70(1), 351(2) of ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.28 17:17:40 +0530 2 the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's story, the complainant visited Santosh's house on 24.10.2024. There, Chandan Yadav, Ajay Yadav, and Anas Pathan arrived, threatening both Santosh and the complainant. Chandan Yadav then forcibly engaged in physical relations with the complainant. Later, while the complainant was returning home, Ajay Yadav and Anas Pathan also forcibly engaged in physical relations with her. 3. Learned counsel for the applicants would submit that the applicants have been falsely implicated in this case. He submits that, as per the chief examination and cross-examination of the victim, the victim's evidence and deposition state that no rape occurred, nor was there any physical relation or forced physical relation with any of the applicants. She specifically stated that no rape was committed against her. He also submits that the applicants are in jail since 28.10.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicants. 4. On the other hand, the learned State Counsel opposes the bail application of the present applicants, submitted that the applicants forcibly committed rape upon the complainant, therefore, the present applicants are not entitled to be grant of regular bail. 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, though the complainant/victim 3 has turned hostile, but looking to seriousness of the present matter that the applicants have committed rape with the victim, 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 applicants – Ajay Yadav and Chandan Yadav, involved in Crime No. 296/2024 registered at Police Station – Rajhara, District Balod (C.G.), for the offence punishable under Sections 70(1), 351(2) of the Bhartiya Nyaya Sanhita, 2023, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. 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