1 2025:CGHC:26527 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4730 of 2025 Gokul Rajwade S/o Shivmangal Rajwade Aged About 25 Years Caste - Rajwar, R/o Village - Telgawan, P.S. - Bhatgaon, District Surajpur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer - P.S. Bhatgaon, District Surajpur (C.G.) ... Respondent For Applicant : Shri Abhinav Dubey, Advocate. For Respondent/State : Shri Bharat Gulbani, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/06/2025 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 applicant who has been arrested in connection with Crime No.51/2025 registered at Police Station Bhatgaon, District- Surajpur (C.G.) for the offence punishable under Sections 332B, 64(1) of BNS Act 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.23 17:51:54 +0530 2 2. Case of the prosecution, in brief, is that on 03.03.2025, when the prosecutrix returned home after grazing cattles, around 2:00 pm, while she was going to sleep, she had closed the doors but did put latch, whereby the accused who is her neighbour entered the house with intention of committing sexual offence, where he threw her on the bed and committed the sexual offence. As per the statement of prosecutrix she raised alarm, but no one came to help. Her husband was in Bangalore in search of work, and she did not tell anyone out of shame and public mortification. Hence this bail application. 3. Learned counsel for the applicant submits that the applicant is said to have committed rape on the victim who is a married women but the FIR of the incident was lodged after 24 days and she also complained about the incident to her sister-in-law who too also not lodged FIR of the incident. Further it is stated that though allegation of rape has been levelled in the statement under section 183 BNSS but the MLC goes to show that she was used to sexual intercourse and no injury was found. He would submit that the applicant is in jail since 28/03/2025, charge sheet has been filed and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submitted that the victim is a married women but her husband had gone to Banglore and the applicant taking advantage of absence of her husband entered in the house and 3 committed rape on her. It is further submitted that the FIR which was lodged after 24 days was on the return of her husband. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, also considering the fact that the victim is a married women while her husband had gone to Banglore, the applicant taking advantage of absence of her husband, entered in the house and committed rape on her and the FIR of the incident was lodged after 24 days on return of her husband, therefore considering the conduct of the applicant, I am not inclined to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant Gokul Rajwade involved in Crime No.51/2025 registered at Police Station Bhatgaon, District- Surajpur (C.G.) for the offence punishable under Sections 332B, 64(1) of BNS Act 2023, 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