1 2025:CGHC:32703 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5460 of 2025 • Hridesh @ Hirdesh Yadav S/o Suresh Yadav, Aged About 22 Years R/o Mundiya, Tehsil Bisauli, P.S. Haijganj, District Badayu, Uttar Pradesh, Present Location - Dashrath Chaudhary's Rented House Near Ram Mandir, Ravana Bhatha, Jamul, District Durg (C.G.) ... Applicant versus • State Of Chhattisgarh Through The Sho, Police Station Jamul, Durg (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Samdarsh Nirankari, Advocate For Respondent/State : Ms. Soumya Sharma, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 14/07/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, as he was arrested in connection with Crime No. 576/2024 registered at Police Station – Jamul, District – Durg (C.G.) for the offence punishable under Sections 64(1), 351(2), 309(4) of the BNS, 2023. 2. The case of the prosecution in brief is that at around 06:00 PM, the complainant, who is a house help in someone’s house was returning VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.22 11:10:20 +0530 2 to her house, after work, in her bicycle towards Navataria Khedamara, when an unknown boy came in his motorcycle and after pushing her took her to the adjacent field, and after threatening her that if she shouts he will kill her, took off her undergarments and did wrong deed with her, and after that her ran towards Jamul, in his motorcycle. 3. The learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the present applicant was arrested after three days of incident and he was not arrested on the spot and non-mentioning of any details or identifying features render his identification highly doubtful. He also submits that the applicant is in jail since 19.12.2024 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, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the allegation levelled against the present applicant is that he committed rape upon the prosecutrix and also two golden earrings and one gold anklet, nose pin recovered from the possession of the applicant, which belongs to prosecutrix, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant, particularly considering the fact that t the allegation levelled against the present applicant is that he committed rape upon the prosecutrix 3 and also two golden earrings, nose pin and one gold anklet recovered from the possession of the applicant, which belongs to prosecutrix therefore, looking to the conduct of the present applicant and statement of the prosecutrix, this Court does not find it a fit case to release the applicant on bail. 7. Accordingly, this bail application of applicant – Hridesh @ Hridesh Yadav involved in Crime No. 576/2024 registered at Police Station – Jamul, District – Durg (C.G.) for the offence punishable under Sections 64(1), 351(2), 309(4) of the BNS, 2023 is rejected at this stage. 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 vaishali