1 2025:CGHC:983 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 17 of 2025 Karan Banjare S/o Rohit Banjare Aged About 20 Years R/o Village Padumtara, Police Station Thelkadih, District Rajnandgaon, Chhattisgarh ... Applicant versus State of Chhattisgarh Station House OfÏcer, Thelkadih, District – Khairagarh Chhuikhadan Gandai, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Ram Narayan Sahu, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.01.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 200/2024 registered at Police Station – Thelkadih, District – Khairagarh Chhuikhadan Gandai (C.G.) for the offence punishable under Sections 64, 351(3), 332(B) of the Bharatiya Nyaya Sanhita (In short, BNS). 2. Case of the prosecution, in brief, is that on 04.10.2024 in the evening the complainant lodged the written complaint before the Police Station concerned that on 03.10.2024 in the night her husband went to village for doing labour work and victim was alone in her house with children. On the next day the morning the applicant entered into her house and RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 forcefully trying to physical relation with her after crying, the applicant threatening to kill their life with victim along with her children, thereafter, her husband returned back his house she disclosed about the incident. On the basis of the above complaint he concerned Police Station investigated the matter and registered the offence against the applicant. Hence, this application. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the charge-sheet has been submitted in this case. It has been further submitted that the victim who is a married lady who is the neighbor of the applicant, and it is stated that the husband went in the morning for some labour work, and the applicant went to the house of victim for taking some domestic articles, further it is stated that the victim was found in compromising relation and was seen by mother-in-law and he has further tried to demonstrate that it is a case of concent as per the description mentioned in the MLC report, it is also stated that as per the opinion of the doctor, no sexual assaulted was made on her. The applicant is in jail since 05.10.2024, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel opposes the bail application and submits that from the perusal of the case-diary, it transpires that the argument which has been advanced by learned counsel for the applicant that the victim was a consenting party and was seen by her mother-in-law, hence, she reported the present FIR, but the same does not find base from the charge-sheet, nor any averment made in the bail application, and moreover, the MLC goes to show that the 3 there was an abrasion was found on the body of the victim which goes to show that she was sexually assaulted by the applicant, which is categorically corroborated from the statement of the victim recorded under Section 164 of CrPC, where she has levelled allegation of committing rape against the applicant. As such, the bail application deserves to be rejected. 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 and also considering the fact that the charge-sheet has been filed in the present case, and from the perusal of the case-diary, it transpires that the argument which has been advanced by learned counsel for the applicant that the victim was a consenting party and was seen by her mother-in-law, hence, she reported the present FIR, but the same does not find base from the charge-sheet, nor any averment made in the bail application, and moreover, the MLC goes to show that the there was an abrasion was found on the body of the victim which goes to show that she was sexually assaulted by the applicant, which is categorically corroborated from the statement of the victim recorded under Section 164 of CrPC, where she has levelled allegation of committing rape against the applicant, thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, this bail application of applicant – Karan Banjare involved in Crime No. 200/2024 registered at Police Station – Thelkadih, District – Khairagarh Chhuikhadan Gandai (C.G.) for the offence punishable under Sections 64, 351(3), 332(B) of the BNS, is 4 rejected at this stage. 8. Needless to say that the learned trial Court is at liberty to proceed with the trial and conclude the same, expeditiously. 9. OfÏce 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 Rajshekhar