1 2025:CGHC:25060 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4557 of 2025 Sonam Yadav @ Som S/o Pramod Yadav Aged About 20 Years R/o Chandani Chowk Jhulna, Police Station Maro, District Bemetara Chhattisgarh At Present Address Pawan Dal Mill Ghusera, P.S. Mujgahan District Raipur Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Mujgahan, District Raipur Chhattisgarh ...None-applicant For Applicant : Mr. Amit Kumar, Advocate For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.06.2025 1. This is the second 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. 302/2024 registered at Police Station Mujghan, District – Raipur (C.G.), for the offence punishable under Sections 64 and 351(2) of B.N.S.S. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.18 18:28:33 +0530 2 2. As per the prosecution story is that the complainant has made report to concerned Police Station that the applicant has committed sexual intercourse with the victim in several time at several places. Based upon the complaint, the Police has registered the offence punishable under Sections 64 and 351(2) of B.N.S. in Crime No. 302/2024 against the applicant in connection of this crime. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the first bail application was dismissed on 10.03.2025 and this Hon’ble Court observe that the FSL report is still awaited therefore the Hon’ble Court dismiss the bail application, now during the trial FSL report produce by the concern police station and FSL report is still nil. He further submits that the applicant and the victim was working in the same place and the incident took on 09.11.2024 and the case is registered on 20.12.2024, looking to the facts there is delayed FIR by the complainant in this case. 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, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed. He further submits that twice the applicant has entered in the washroom of the work place and committed rape on the victim and the victim has informed about the incident to her husband who has lodged the FIR and it is further submitted that the FSL report is still awaited and considering the statement of the victim recorded under Section 183 of B.N.S.S. Therefore, the applicant is not entitled to be released on bail. 3 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 the first bail application of the applicant has already been dismissed on merits and the second bail application is on the ground that the FSL report, which was awaited, has been received and perusal of the same would show that on items No. ‘B and C’, no human sperm was found, whereas on slide A of the victim, human sperm was found, therefore, I am of the considered opinion that the applicant would not be entitled for grant of bail. 7. Accordingly, the bail application of applicant - Sonam Yadav @ Som, involved in Crime No. 302/2024 registered at Police Station Mujghan, District – Raipur (C.G.), for the offence punishable under Sections 64 and 351(2) of B.N.S.S, is rejected. 8. Office 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 Vaibhav