1 2025:CGHC:186 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9054 of 2024 Parmeshwar @ Parmeshwardeen Shrivas S/o Kamlu Prasad Shrivas Aged About 40 Years R/o Village Litiya Sarai, P.S. Marwahi, District : Gaurela-Pendra-Marwahi, Chhattisgarh ... Applicant versus State of Chhattisgarh Through - S.H.O., P.S. Marwahi, District : Gaurela- Pendra-Marwahi, Chhattisgarh … Non-applicant For Applicant : Mr. Yogendra Chaturvedi, Advocate For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.01.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 196/2024 registered at Police Station – Marwahi, District Gurela- Pendra-Marwahi (C.G.), for the offence punishable under Section 64(2)(k) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case, in brief, is that the complainant, Sonu @ Sagar Armu, a resident of village Banshital, Police Station Marwahi, lodged a written report with the police. On August 24, 2024, he went 2 to Danikundi Ripa Godown around 10:30 p.m. to sleep, as he was responsible for security. Upon arrival, he witnessed the applicant allegedly committing rape on a woman with an unsound mind. The victim was crying and trying to escape. Sonu immediately called Babal @ Harivansh Sarota, the son of the Sarpanch, who arrived with his father and other villagers. They questioned the applicant, scolded him, and the applicant begged for forgiveness. He then discarded a used condom, which Babal picked up using a polythene bag. The applicant allegedly committed rape on the woman, who was mentally unstable, and her place of origin was unknown. The incident was reported to the police, leading to the registration of an offense against the applicant. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He submits that the prosecution agency has collected no sufficient evidence against the present applicant to incriminate him in the instant crime. He submits that the material witnesses have been examined by the prosecution before the learned trial Court and they have not supported the case of prosecution. He also submits that as per the prosecution, victim is a lady of unsound mind and therefore, not in a position to give statement before the trial Court and thus, in absence of corroboration of the prosecution story by the other witnesses, the present applicant cannot be held guilty for the alleged offences. He further submits that the present applicant is in jail since 26.08.2024 and conclusion of the trial may take some more time, therefore, he prays for grant of regular bail to the present applicant. 3 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the applicant/accused forcefully committed rape with the victim who is mentally retarded lady. Therefore, the bail application of the present applicant is entitled to be dismissed. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. The Hon'ble Supreme Court in the matter of X Vs. State of Rajasthan and another in Special Leave Petition (Criminal) No. 13378 of 2024 decided on 27-11-2024 has observed in the said order that.- "14. Ordinarily in serious offences like rape, murder, dacoity, etc., once the trial commences and the prosecution starts examining its witnesses, the Court be it the Trial Court or the High Court should be loath in entertaining the bail application of the accused." 15. Over a period of time, we have noticed two things, i.e., (i) either bail is granted after the charge is framed and just before the victim is to be examined by the prosecution before the trial court, or (ii) bail is granted once the recording of the oral evidence of the victim is complete by looking into some discrepancies here or there in the deposition and thereby testing the credibility of the victim.” 16. We are of the view that the aforesaid is not a correct practice that the Courts below should adopt. Once the trial commences, it should be allowed to reach to its final conclusion which may either result in the conviction of the accused or acquittal of the accused. The moment the High Court exercises its discretion in favour of the 4 accused and orders release of the accused on bail by looking into the deposition of the victim, it will have its own impact on the pending trial when it comes to appreciating the oral evidence of the victim. It is only in the event if the trial gets unduly delayed and that too for no fault on the part of the accused, the Court may be justified in ordering his release on bail on the ground that right of the accused to have a speedy trial has been infringed." 7. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in the case diary, it appears that the present applicant forcefully committed rape with the victim, who is mentally retarded lady. Therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 8. Accordingly, the first bail application of the applicants – Parmeshwar @ Parmeshwardeen Shrivas, involved in Crime No. 196/2024 registered at Police Station – Marwahi, District Gurela-Pendra-Marwahi (C.G.), for the offence punishable under Section 64(2)(k) of the Bhartiya Nyaya Sanhita, 2023, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (RameshSinha) Chief Justice Abhishek