1 2025:CGHC:27049 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4757 of 2025 1 - Avinash Filip S/o Lt. Vinay Filip Aged About 27 Years R/o Magarpara, Near Nagdaune Aata Chakki, P.S. Civil Lines, Bilaspur, H.M. Kayaghat House Of Pradeep Borkar, P.S. Jutemill, Raigarh (C.G.) 2 - Amit Filip S/o Lt. Vinay Filip Aged About 21 Years R/o Magarpara, Near Nagdaune Aata Chakki, P.S. Civil Lines, Bilaspur, H.M. Kayaghat House Of Pradeep Borkar, P.S. Jutemill, Raigarh (C.G.) ... Applicants versus State Of Chhattisgarh Through S.H.O. Police Station Jutemill, District Raigarh (C.G.) ... Respondent For Applicants : Shri Vivek Siddharth Ojha, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/06/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No.501/2024 registered at Police Station Jutemill, Dist- Raigarh (C.G.) for the offence punishable under Sections 140 (3), 64 (2), 70 (1), 351 (2), 115 (2), 238, 249, 253 of BNS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.26 20:32:48 +0530 2 2. Case of the prosecution, in brief, is that the complainant/victim had lodged a report before concerned police station that on the evening of 14.12.2024 in around 5.00 Hours, she was coming from the Raigarh Railway Station to the Jutemill via walk. When she reached near Mini Mata Chowk, on the side of the Railway Line, then two boys who were having alcohol, whom she asked about the bathroom, to which they made a sign that there is a bathroom at their home and forced her to sit in the scooty and took her to Pahd Mandir towards jungle bushes, pressed her mouth and raped her one by one and threatened her to kill if she discloses about it and left her and ran away. She said she could recognize the face of the accused and in the neck of one accused "Amit" was written and in other's neck "A" was written and one eye was having disorder. The victim lodged a written complaint to the Jutemill Police Station, and the same was registered as FIR No. 501/2024 for the offences alleged under Sections 140 (3), 64(2), 70 (1), 351 (2), 115 (2), 238, 249, 253 of the BNS. 3. Learned counsel for the applicants submits that they are real brothers. It is stated that they have been falsely implicated in the present case as it is stated that though the victim is stated to be a major girl but she was not intensely weak girl and it is stated that the statement goes to show that the applicants have been falsely implicated in the present case, charge sheet has been filed, the applicants are in jail since 15/12/2024, conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State counsel oppose the prayer for grant of bail and submitted that the applicants no doubt are real brothers but the victim has identified both the accused persons who are real 3 brothers and she has deposed against the applicants for committing rape on her and the MLC goes to show that she has suffered as many as four injuries on her person. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, considering the fact that the applicants who are real brothers committed rape on the victim and she has identified both the accused persons and the MLC goes to show that she has suffered as many as four injuries on her person, which goes to show that she was sexually assaulted, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. 7. Accordingly, the bail application of applicant No.1- Avinash Filip and applicant No.2 Amit Filip involved in Crime No.501/2024 registered at Police Station Jutemill, Dist- Raigarh (C.G.) for the offence punishable under Sections 140 (3), 64 (2), 70 (1), 351 (2), 115 (2), 238, 249, 253 of BNS, is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. Sd/- - (Ramesh Sinha) CHIEF JUSTICE gouri