1 2025:CGHC:15900 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2660 of 2025 1 - Yashwant Patel S/o Yogesh Patel Aged About 23 Years R/o Village Saragtora, Tahsil- Pithora, Police Station - Pithora, Distt. Mahasamund (C.G.) 2 - Rumesh Yadav S/o Yogiram Yadav Aged About 31 Years R/o Village Saragtora, Tahsil- Pithora, Police Station- Pithora, Distt. Mahasamund (C.G.) ... Applicant(s) versus State of Chhattisgarh Through Police Station - Pithora, Distt. Mahasamund (C.G.) ... Respondent(s) For Applicant(s) : Mr. R.K. Verma, Advocate For Respondent(s) : Ms. Monika Thakur, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.04.2025 1. This is the First Bail Application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 233/2024, RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 registered at Police Station : Pithora, Distt. Mahasamund (C.G.) for the offence punishable under Sections 332(C), 70(1), 351(2) of BNS and Section 66(D) of the IT Act. 2. Prosecution story in a nutshell is that the prosecutrix made a complaint before the Police Station Pithora stating that the present applicants have committed the offences punishable under Section 332(C ), 70(1), 351(2) of BNS and Section 66(D) of the IT Act, for having sexual intercourse with the victim at knife point and also taking nude photographs of victim and threatening to make them viral, if she told the incident to anyone. 3. Learned counsel appearing for the applicants submits that the present applicants are innocent and have been falsely implicated in the present case. The victim is 19 years old major girl, she has told in the police station pithora that after the incident, she came to her house at 12.00 in the night and did not tell anything about that incident and lodged the FIR of the incident at 3.30 pm the next day. There is delay in FIR which clearly raises doubts. The police have taken action against the accused by believing the victim's words without conducting proper investigation. The applicants have unnecessarily been dragged in the instant case and are sole earning member of their family and if they remains in jail for a long time, their family may have to face financial difÏculties. Lastly, the applicants are in jail since 04.12.2024 and though the charge-sheet has been filed, the trial will take some times as charge has yet not been framed. Hence, he prays for grant of bail to the applicants. 4. On the other hand, learned State counsel, opposes the bail 3 application and submits that perusal of the case diary goes to show that prima facie evidence of the crime alleged against the applicants is clearly available on record. The medical examination report of the victim also prima facie shows the facts of committal of forceful sexual intercourse with the victim and the presence of 07 injuries on different parts of her body, which are grievous in nature. Therefore, considering the circumstances of the case, the gravity of the crime and the medical report of the victim, the bail application of the accused / applicants is liable to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. The facts and circumstances of the case and perusal of the case diary goes to show that prima facie evidence of the crime alleged against the applicants is clearly available on record. The medical examination report of the victim also prima facie shows the facts of committal of forceful sexual intercourse with the victim and the presence of 07 injuries on different parts of her body, which are grievous in nature. Further, Section 70(1) of the BNS (376D of the IPC) deals with gang rape and is punishable with life imprisonment, which is a crime of very serious nature. Therefore, considering the circumstances of the case, the gravity of the crime and the medical report of the victim, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, this bail application of applicants – Yashwant Patel and Rumesh Yadav, involved in Crime No. 233/2024, registered at 4 Police Station : Pithora, Distt. Mahasamund (C.G.) for the offence punishable under Sections 332(C), 70(1), 351(2) of BNS and Section 66(D) of the IT Act, 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 Rahul Dewangan