1 2025:CGHC:53135 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8620 of 2025 Pappu Sahu @ Jaggu S/o Ramkumar Sahu Aged About 35 Years R/o Village Akolikala Bhau, P.S. Arang, District Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station Arang, Raipur, District Raipur (C.G.) ... Non-applicant For Applicant : Mr. C.R. Sahu, Advocate For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.10.2025 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.383/2025 registered at Police Station – Arang, District - Raipur (C.G.), for the offence punishable under Sections 64(1), 331(3), 115(2), 351(2) of the Bhartiya Nyaya Sanhita, 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.31 12:24:35 +0530 2 2. The prosecution, in brief, is that complainant has lodged report the concerned police station that at the time of incident, the victim was alone in her house and at that time, the applicant has entered into house and tried to commit sexual intercourse with the victim and when her husband came in the house then he run away from the place. Based upon the such compliant, the police has registered the offence punishable under section 64(1), 331(3), 115(2), 351(2) of B.N.S. against the present applicant. 3. The applicant is innocent and has been falsely implicated in the present case. He further submits that the present case is fabricated and based upon a concocted story cooked up by the prosecution. The victim did not raise any objection or complaint regarding the alleged offences at the time of the incident. The allegations made by the prosecution against the applicant are false, baseless, and without any supporting evidence. The so- called story put forth by the prosecution is fabricated only to falsely register an FIR against the applicant. The police failed to conduct a fair or proper inquiry regarding the alleged incident before involving the applicant in connection with the said crime, resulting in his false implication. Upon a perusal of the material available on record, no prima facie case is made out against the applicant. The applicant has been in judicial custody since 06.07.2025 and has already undergone more than three months of incarceration, which is adversely affecting the livelihood of his family members. The applicant is a permanent resident of the 3 village mentioned in the cause title, and there is no likelihood of his absconding. He is ready and willing to furnish adequate surety and undertakes to abide by all directions and conditions imposed by this Hon’ble Court, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State Counsel opposes the bail application of the present applicant and submits that the victim's statement recorded under Section 183 BNSS shows that the applicant forcefully committed rape upon her and also threatened her to life. Crucially, this account is scientifically corroborated by a positive FSL report, with the sample slide collected on July 6, 2025. Therefore, the applicant is not entitled to regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of learned counsel for the parties, and further taking into account that the victim’s statement under Section 183 BNSS indicates that the applicant came to her house on 05.07.2025 at about 12:30 PM, inquired about her husband, returned later in an intoxicated condition, and thereafter forcibly committed rape upon her while also threatening to kill her if she disclosed the incident, and crucially, this version stands scientifically corroborated by a positive FSL report, with the sample slide having been collected on 06.07.2025 during her medical examination (MLC), which 4 supports the allegation that the applicant forcibly established physical relations with the victim, this Court is of the considered opinion that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, the bail application of the applicant – Pappu Sahu @ Jaggu, involved in Crime No.383/2025 registered at Police Station – Arang, District - Raipur (C.G.), for the offence punishable under Sections 64(1), 331(3), 115(2), 351(2) of the Bhartiya Nyaya Sanhita, 2023, is rejected. - Sd/- (Ramesh Sinha) Chief Justice vaibhav