1 2025:CGHC:48347 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7556 of 2025 1 - Ram Kumar Patel S/o Chhedu Ram Patel Aged About 31 Years R/o Patel Para Jamnipali Ward No.04 Urga, Police Station Urga, District : Korba, Chhattisgarh 2 - Manoj Patel S/o Chhedu Ram Patel Aged About 34 Years R/o Patel Para Jamnipali Ward No.04 Urga, Police Station Urga, District : Korba, Chhattisgarh 3 - Narendra Kumar Patel S/o Chhedu Ram Patel Aged About 37 Years R/o Patel Para Jamnipali Ward No.04 Urga, Police Station Urga, District : Korba, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Police Station Champa, District : Janjgir- Champa, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. F.S. Khare, Advocate. For Respondent(s) : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.09.2025 1. The applicants have preferred this First Bail Application under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as they have been arrested in connection with Crime No. 208/2025, registered at Police Station Champa, District : Janjgir-Champa (CG) for the offence punishable under Section 70(1) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. The prosecution story in brief, is that the victim lodged a report registered in Crime No. 208/2025 at Police Station Champa has been registered under Section 70(1) of the Bharatiya Nyaya Sanhita (B.N.S.) against the applicants/accused. It is alleged that the applicants/accused, acting in concert, committed a brutal gang rape upon the victim within her own house. As per the prosecution story, the accused forcibly restrained the victim by holding her hands and legs and subjected her to gang rape for approximately four hours, which constitutes a grave and heinous offence, which led to the registration of the alleged offence against the applicants, subsequently, the applicants were arrested. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. He further submit that the prosecution version is highly doubtful and not worthy of credence. It is urged that, the father of the victim was present at the relevant time, and it is therefore improbable that the applicants and the co-accused could have committed the alleged offence in his presence in the manner narrated by the victim and the complainant. It is further contended that there exists a monetary dispute between 3 the complainant and the applicants, which provides a motive for false implication. He also submits that the medical examination did not reveal any injury on the back or other parts of the victim’s body consistent with the incident alleged. The complainant and the victim have implicated the applicants, who are real brothers, raising serious doubt about the veracity of the allegations. Moreover, there was an unexplained delay in lodging the First Information Report, which, according to the applicants, further weakens the prosecution case. The applicants are in jail since 20.05.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that the allegation against the applicants is that they committed brutal gang rape on the victim inside her own house, forcibly restraining her by holding her hands and legs and sexually assaulting her for about four hours, which constitutes a grave and heinous offence, further the victim has also received injuries on her person, therefore, the applicants are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the record, it prima facie appears that the applicants committed a brutal gang rape upon the victim inside her own house, forcibly restraining her by holding her hands and legs 4 and sexually assaulting her for about four hours, which constitutes a grave and heinous offence and creates a sense of insecurity in society, particularly among women. Further, as per statement of victim recorded under Section 183 of Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS’), the allegations against the applicants stand fully corroborated, as she has received injuries on her person, considering the circumstances of the case and the seriousness of the offence, 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 applicants-Ram Kumar Patel, Manoj Patel and Narendra Kumar Patel involved in Crime No. 208/2025, registered at Police Station Champa, District : Janjgir- Champa (CG) for the offence punishable under Section 70(1) of BNS, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and concluded 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. Sd/- (Ramesh Sinha) Chief Justice Akhil