1 2025:CGHC:22021 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3798 of 2025 1 - Lankesh Kumar Sahu S/o Hariram Sahu Aged About 24 Years R/o Village Kakdehi P.S. Arang District- Raipur Chhattisgarh ... applicant versus 1 - State Of Chhattisgarh Through - Ps Arang Raipur District Raipur Chhattisgarh ... non- applicant For applicant : Mr. Dheerendra Pandey, Advocate For non- applicant/ State For Objector/ Victim : : Mr. Shashank Thakur, Dy. A.G. Ms. Nupur Sonkar, Advocate Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 13.05.2025 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 applicant who has been arrested in connection with Crime No. 135/2025 registered at Police Station : Arang Raipur, Dist- Raipur (C.G.) for the offence punishable under Sections 64 (1), 115 (3), 308(2), 331(4), 333, 351 (2) of the Bhartiya Nyaya Sanhita, 2023 (BNS). SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.05.14 12:40:03 +0530 2 2. The case of the prosecution is that on 02.03.2025 night at about 8.00 PM after taking food, the complainant was washing dishes, at about 8.30 PM one unknown person opened the door of the main gate entered into the house and caught hold her hand and took her in bad room and tied with a rope and committed forcefully sexual intercourse with her, thereafter the man tied her with a scarf kept in the house and took her away by opening the rope he had brought with him. While leaving, the man threatened to kill her if she tells anyone. As per report police has registered the aforesaid offence against the unknown person. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the victim and the present applicant both have residing in same village and father of the applicant and victim have government teacher and some money dispute arose between the victim and the father of the applicant then she falsely implicated the applicant in the present case. He further stated that as per the FIR lodged by the victim she clearly mention that some unknown person entered in her house and he tied his face by mask and the applicant is neither named in the FIR, nor her 161 statement, nor her 183 BNSS statement. The applicant is in jail since 09.03.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel and the counsel for the objector/ victim opposes the bail application of the present applicant and submitted that the 183 B.N.S.S. statement of the victim goes to 3 show that the applicant has concealed his identity and committed rape upon the victim after being tied her hand and legs which is fully corroborated by the MLC report of the victim that 8 injuries were received by her including swelling. It is further submitted that one video clip was also made for which seizure memo was also prepared. It is also argued that a gold ring and 4500 cash was also taken away by the applicant and the said ring was sold to a jeweler for which two mobile were purchased and from one mobile the said video clip was recovered. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature of dispute and also considering that the victim had received 8 injuries, her 183 BNSS statement and the recovered mobile video, it appears that the present applicant forcefully 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 first bail application of the applicant – Lankesh Kumar Sahu, involved in Crime No. 135/2025 registered at Police Station : Arang Raipur, Dist- Raipur (C.G.) for the offence punishable under Sections 64 (1), 115 (3), 308(2), 331(4), 333, 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. Office is directed to send a certified copy of this order to the trial 4 Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice sagrika