1 2025:CGHC:19642 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3317 of 2025 Kush @ Natu S/o Kasim Aged About 20 Years R/o Taparkela P.S. And Tahsil Lakhanpur, District Surguja Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through S.H.O. Of Police Station Lakhanpur, District Surguja Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Sachin Nidhi, Advocate. For Respondent(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.04.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 311/2024, registered at Police Station Lakhanpur, District Surguja (CG) for the offence punishable under Sections 70(1), 332(b) and 351(3) of the Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. The prosecution story in brief, is that the complainant/victim had AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 lodged a report against the accused under Sections 70(1), 332(B), and 351(3) of the BNS, and the accused has been in judicial custody since December 21, 2024. As per the First Information Report (FIR) on record, the victim has reported that on December 2, 2024, at around 9:30 P.M., when she returned home after having dinner at her uncle Pawan Manjwar's house and switched on the light. Suddenly, four individuals from the village, namely Rohit, Bablu, Rajan alias Bittu, and Kush alias Nattu, entered her house. Kush alias Nattu and Rajan alias Bittu allegedly held her down, with Rajan holding one hand and covering her mouth, while Kush held the other hand. Rohit and Bablu then allegedly took turns committing a wrongful act against her. Thereafter, aforesaid offence has been registered against the applicant and subsequently, he was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that victim happens to be the aunt (Bua) of the applicant, who is 40 years old married lady, due to civil dispute going on between them, present applicant has falsely been implicated in the case. He also submits that the MLC does not indicate any symptoms of sexual intercourse. The applicant is in jail since 21.12.2024 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail 3 application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that the statement of victim has been recorded under Section 183 of BNSS in which she categorically deposed that the applicant, Kush and co-accused, Rajan had caught hold the hands of victim, whereas co-accused, Rohit and Bablu had committed rape on her, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that though it is stated at bar that there was some civil dispute going on between applicant and complainant/victim, who is aunt (Bua) of the applicant, on account of which, present applicant has falsely been implicated in the case, but there appears to be no such pleadings made in the bail application in this regard, also considering the statement of victim recorded under Section 183 of BNSS, in which she categorically deposed that the applicant, Kush and co-accused, Rajan had caught hold her hands, whereas co-accused, Rohit and Bablu had committed rape on her and it cannot be a case of false implication, as such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant-Kush @ Natu, 4 involved in Crime No. 311/2024, registered at Police Station Lakhanpur, District Surguja (CG) for the offence punishable under Sections 70(1), 332(b) and 351(3) of the BNS, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil