1 2025:CGHC:20491 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2832 of 2025 Ashok Yadav S/o Laxman Yadav Aged About 22 Years Caste - Rawat, R/o Village Ramaram P.S. Kerlapal, Tahsil and District Sukma Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Kerlapal, District- Sukma, Chhattisgarh. ... Non-applicant For Applicant : Mr. Ishwar Jaiswal, Advocate For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.05.2025 1. This is the First Bail Application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 09/2025, registered at Police Station : Kerlapal, District- Sukma, (C.G.) for the offence punishable under Sections 64 and 64(2)(ट) of the Bhartiya Nyaya Sanhita. 2. Prosecution story in a nutshell is that the complainant has lodged a written complaint at the concerned police station alleging that the RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 applicant committed sexual intercourse with the victim. Accordingly, the police have registered an offence punishable under Sections 64 and 64(2)(ट) of the B.N.S. against the present applicant. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case by the complainant. He further submits that the applicant is a cousin of the victim, and that a dispute had arisen between the father of the victim and the applicant regarding family religious rituals (pooja-path), which was later settled through a compromise in a community meeting. Due to this previous enmity, it is alleged that a false complaint has been lodged against the applicant. He submits that the victim is a major and is fully aware of the consequences of her actions, therefore, under the given circumstances, the allegations levelled against the applicant do not constitute the offence of rape. He further submits that the applicant is in jail since 04.03.2025, the charge sheet has already been filed, and the trial is likely to take a considerable amount of time. Hence, he prays that the applicant be released on bail 4. On the other hand, learned State counsel, opposes the bail application and submits that perusal of the case diary goes to show that the victim is mentally challenged. He also submits that the applicant/accused forcibly established physical relations with her, thereby committing the offence of rape. He further submits that the medical examination of the victim revealed internal injuries, and the medical opinion also suggests the possibility of forcible sexual 3 assault. In such a situation, it cannot be said at this stage that no offence was committed against the victim. Thus, the applicant/accused has allegedly committed a heinous act of forcible rape on a mentally challenged woman. Therefore, considering the seriousness of the offence, the circumstances of the case, particularly the mental disability of the victim and the internal injuries sustained, the bail application of the accused/applicant is liable to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. The facts and circumstances of the case and perusal of the case diary goes to show that the victim is mentally challenged and the applicant/accused forcibly established physical relations with her, thereby committing the offence of rape, further the medical examination of the victim revealed internal injuries, and the medical opinion also suggests the possibility of forcible sexual assault, in such a situation, it cannot be said at this stage that no offence was committed against the victim, thus, the applicant/accused has allegedly committed a heinous act of forcible rape on a mentally challenged woman, therefore, considering the seriousness of the offence, the circumstances of the case, particularly the mental disability of the victim and the internal injuries sustained, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 4 7. Accordingly, this bail application of applicant – Ashok Yadav, involved in Crime No. 09/2025, registered at Police Station : Kerlapal, District- Sukma, (C.G.) for the offence punishable under Sections 64 and 64(2)(ट) of the Bhartiya Nyaya Sanhita, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan