1 2025:CGHC:6613 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 578 of 2025 Sarif Ansari S/o Najir Hussain Aged About 60 Years R/o Village- Chandranagar, Post- Tatapani, Police Station- Ramanujganj, District Balrampur-Ramanujganj, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Chowki – Tatapani, Police Station – Ramanujganj, District – Balrampur-Ramanujganj, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Pushpendra Kumar Patel, Advocate, as well as Mr. Rakesh Kumar, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.02.2025 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. 204/2024 registered at Police Chowki – Tatapani, Police Station – Ramanujganj, District – Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 64(2)(च) and 351(3) of the Bharatiya Nyaya Sanhita (In short, BNS). 2. Case of the prosecution, in brief, is that on 20.11.2024 a written complaint was lodged by the victim at the concerned Police Station RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 alleging that she was married to the applicant/son of accused Sarwar 3 years ago, on the incident the victim was raped while sleeping by closing her mouth, which she informed her father then she told that her father-in-law Sarif was doing wrong things(rape) by opening the cord of her pyjama, then she woke up her mother-in-law sleeping next to her and told about the incident and thereafter the accused left and ran away. On the basis of such complaint, Police has registered the offence. 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. The applicant is in jail since 21.11.2024, 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 in the statement of the victim recorded under Section 164 of the CrPC, the victim has categorically stated about the incident and the fact that her father-in-law has committed rape on her while she was sleeping, and when her mother-in-law woke up, the applicant left her and ran away. 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 3 in the statement of the victim recorded under Section 164 of the CrPC, the victim has categorically stated about the incident and the fact that her father-in-law has committed rape on her while she was sleeping, and when her mother-in-law woke up, the applicant left her and ran away, 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 – Sarif Ansari involved in Crime No. 204/2024 registered at Police Chowki – Tatapani, Police Station – Ramanujganj, District – Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 64(2)(च) and 351(3) of the BNS, is 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