1 2025:CGHC:16471 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2772 of 2025 Karan Banjare S/o Rohit Banjare Aged About 20 Years R/o Village - Padumtara, Police Station - Thelkadih, District - Rajnandgaon (Chhattisgarh), (Correct Address Mention) ... Applicant versus State of Chhattisgarh Through - Station House OfÏcer, Police Station - Thelkadih, District - Khairagarh-Chhuikhadan-Gandai (C.G.) ... Non-Applicant For Applicant : Mr. Ram Narayan Sahu, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Pane Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 08.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. This is the Second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who have been arrested in connection with Crime No. 200/2024 registered at Police Station : Thelkadih, District - Khairagarh-Chhuikhadan-Gandai, (C.G.) for the offence punishable under Sections 64, 351(3), 332(B) of the Bharatiya Nyaya Sanhita, 2023. PREETI KUMARI Digitally signed by PREETI KUMARI 2 3. As per the prosecution case, in brief, is that the complainant has made complaint before the concerned police station that on the date of incident i.e. on 03.10.2024 her husband went to his work in the night at about 08.00 pm and she along with her children were present in house, at about 4.00 am (early morning) the applicant was entered into her house and has committed sexual intercourse with her forcefully by threatening. Based upon such complaint, the police has registered the case against the present applicant. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the first bail application was rejected by this Court vide order dated 07.01.2025 passed in MCRC No. 17/2025 on merits. He further submits that the victim and her husband have examined in the learned trial Court by prosecution agency and they have not supported the case of the prosecution and turned hostile. He also submits that the applicant is in jail since 05.10.2024 and the charge-sheet has been submitted. Therefore, he prays that the applicant may be enlarged on bail. 5. On the other hand, the learned counsel for the State opposes the bail application and submits that the MLC Report goes to show that there was an abrasion was found on the body of the victim which goes to show that she was sexually assaulted by the applicant, which is categorically corroborated from the statement of the victim recorded under Section 164 of the CrPC, where she levelled allegation of committing rape against the applicant, on which basis the first bail application of the applicant was rejected by this Court, hence, the applicant is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the material available on record. 3 7. Taking into consideration the fact and circumstances of the case and the fact that the MLC Report goes to show that there was an abrasion was found on the body of the victim which goes to show that she was sexually assaulted by the applicant, which is categorically corroborated from the statement of the victim recorded under Section 164 of the CrPC, where she levelled allegation of committing rape against the applicant, on which basis the first bail application of the applicant was rejected by this Court, thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the bail application of applicant – Karan Banjare involved in Crime No. 200/2024 registered at Police Station : Thelkadih, District - Khairagarh-Chhuikhadan-Gandai, for the offence punishable under Sections 64, 351(3), 332(B) of the Bharatiya Nyaya Sanhita, 2023, rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. The OfÏce is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti