1 2025:CGHC:42998 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6702 of 2025 XYZ ... Applicant versus State Of Chhattisgarh Through Police Station Saragaon, District : Janjgir- Champa, Chhattisgarh ... Respondent For Applicant : Shri Priyank Rathi, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/08/2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 167/2024 registered at Police Station Saragaon, District Janjgir- Champa (C.G.) for the offence punishable under Sections 64(2)(f), 351(3) and 127(2) of BNS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.28 19:22:48 +0530 2 2. Case of the prosecution, in brief, is that on 19.08.2024, at around 8:00 P.M., when the victim was sitting in her courtyard, the applicant, who is son of the victim, came to her and asked her to taste the chicken dish cooked by him on which the victim has refused to do so. It has been alleged that thereafter, the applicant had dragged the victim into his room, removed her clothes and committed forceful sexual intercourse with the victim and she has also been threatened of dire consequences and of life if she would disclose the incident to anyone. On the basis of the report of the victim, the aforesaid offence has been registered against the applicant and he was arrested for the same. 3. Learned counsel for the applicant submits that this is the second bail application of the applicant and the first bail application of the applicant was rejected on merits on 29/04/2025 vide MCRC No.3271/2025. Learned counsel for the applicant submits that the victim who is the mother of the applicant has once turned up before the trial court on 21/03/2025 and thereafter she is not appearing before the trial court. He would submit that the applicant is in jail since 22/08/2024 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and the first bail application of the applicant was rejected on merits on 29/04/2025 vide MCRC No.3271/2025. 3 Considering the nature of allegation levelled against the applicant, the ground which has been raised in this second bail application that the victim who is the mother of the applicant has once turned up before the trial court on 21/03/2025 and thereafter she is not appearing before the trial court, cannot be entertained in this second bail application. 7. Accordingly, the second bail application of the applicant- XYZ, involved in Crime No.167/2024 registered at Police Station Saragaon, District Janjgir-Champa (C.G.) for the offence punishable under Sections 64(2) (f), 351(3) and 127(2) of BNS, is rejected. 8. However, the learned trial court is directed to ensure the appearance of the victim of the case in accordance with law along with other witnesses. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. and vide a certified copy of this order to the trial Court concerned for necessary information an Sd/- (Ramesh Sinha ) CHIEF JUSTICE gouri