1 2025:CGHC:21702 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3649 of 2025 Abhayram Yadu S/o Thukail Yadu Aged About 53 Years R/o Ward No. 3, Bhilauni, Thana Nevra, Raipur, District Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Tilda- Nevra, Raipur, District Raipur (C.G.) ... Respondent(s) For Applicant(s) : None. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.05.2025 1. None appears nor is any representation made on behalf of the applicant to press this bail application when the case is called out. 2. It transpires from the record that the applicant is in jail since 02.03.2025. Hence, the Court proceeds to consider and hear the bail application of the applicant with the assistance of the State counsel. 3. 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 has been arrested in connection with Crime AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 No. 122/2024 registered at Police Station Tilda- Nevra, Raipur, District Raipur (C.G.) for the offence punishable under Section 376(2)(I) of the Indian Penal Code. 4. Case of the prosecution, in brief, is that the complainant Bhukendra Dhiwar is a resident of Village Bhilauni, Ward No. 11 and on 02.03.2024 lodged an FIR against the accused at Police Station Tilda-Nevra. The complainant is a driver in Chhaparo Plant. On 01.03.2024, at around 8 O'clock in the morning the complainant had gone to the plant to do his work and when he returned to his home at around 8 O'clock in the night, Raghuveer Verma who is a resident of his village, told the complainant that he saw Abhay Ram Yadu taking the complainant's sister to his shop at around 10:30 am and committed rape with her, the video of which he has recorded on his phone. After seeing the video, the complainant informed about the incident to his mother namely Badan Bai, brother Dev Charan, Durga Prasad and Representative of Village Panch Netram Verma, Deputy Sarpach Representative Harishankar Verma and Govind Verma. The sister of the complainant is a mentally challenged person who is unable to verbally communicate about the commission of rape with her by the accused. On the basis of the written complaint of the victim, FIR was registered against the accused at concerned police station. Hence, the bail application. 5. Learned counsel for the applicant submits that the first bail application was rejected by this Court on merits vide order dated 05.08.2024, therefore this second bail application is filed on the ground that the statement of 5 prosecution witnesses have already 3 been recorded before learned trial Court, further charge-sheet has already been filed in the present case, the applicant is in jail since 29.09.2023 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicant on regular bail. 6. On the other hand, learned counsel for the State opposes the bail application of the applicant and submits that the applicant raped a 30-years-old female, who is a major and has a mental disability, she is unable to verbally communicate. Due to her 90% disability, her statement under Section 164 of the Cr.P.C. could not be recorded. However, the incident was witnessed by Raghuveer Verma, which goes to show that the involvement of the applicant. She further submits that the FSL report is said to be negative. Hence, his bail application is liable to be dismissed. 7. I have heard learned counsel for the parties and perused the case diary. 8. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 05.08.2024 in MCRC No. 5364 of 2024 on the ground that the applicant had reaped a 30 year-old female, who is a major and has a mental disability, she is unable to verbally communicate, she is having 90% disability, therefore, her statement under Section 164 of the Cr.P.C. (now Section 183 of BNSS) could not be recorded, but the incident was witnesses by one Raghuveer Verma, which shows the involvement of present applicant in the case, so far as status of trial is concerned, the statement of 5 prosecution witnesses have already 4 been recorded before learned trial Court, further there appears to be no new ground to entertain this second bail application. 9. Accordingly, the second bail application of the applicant- Abhayram Yadu, involved in Crime No. 122/2024 registered at Police Station Tilda- Nevra, Raipur, District Raipur (C.G.) for the offence punishable under Section 376(2)(I) of the IPC, is rejected at this stage. 10. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 11. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil