1 2025:CGHC:32033 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4617 of 2025 Jagsingh Manjhwar S/o Shri Khulas Ram Manjhwar Aged About 36 Years R/o Thengrimar, Police Station Shyang, District- Korba (C.G.) ... Applicant versus State of Chhattisgarh Through - Police Station - Shyang, District - Korba (C.G.) ... Non-applicant For Applicant : Mr. Rakesh Kumar, Advocate For Non-applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2025 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. 05/2025 registered at Police Station – Shyang, District Korba (C.G.), for the offence punishable under Section 64 and 331(4) of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution story, the victim, along with her husband, lodged a written report at Police Station Shyang, District ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.11 18:26:54 +0530 2 Korba (C.G.), on 03.02.2025, alleging that on 28.01.2025, while she was alone in her house and was sleeping after having dinner and closing the door, the applicant, Jag Singh Manjhwar, entered her house and forcefully committed rape on her. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He submits that there is no specific allegation against the present applicant. The victim is a consenting party, and on the date of the incident, she was a major. He also submits that the medical report has not supported the prosecution's case. He further submits that the present applicant is in jail since 09.02.2025 and conclusion of the trial may take some more time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the allegation against the applicant is that on 28.01.2025, while the victim was alone in her house and was sleeping after having dinner and closing the door, the applicant, Jag Singh Manjhwar, entered her house and forcefully committed rape on her. Therefore, the bail application of the present applicant is entitled to be dismissed. 5. I have heard learned counsel appearing 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 material available in the case diary and from perusal of the statement of the 3 victim recorded under Section 183 of the BNSS, it appears that on 28.01.2025, while the victim was alone in her house and was sleeping after having dinner and closing the door, the applicant, Jag Singh Manjhwar, entered her house and forcefully committed rape on her, 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 – Jagsingh Manjhwar, involved in Crime No. 05/2025 registered at Police Station – Shyang, District Korba (C.G.), for the offence punishable under Section 64 and 331(4) 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 Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (RameshSinha) Chief Justice Abhishek