1 2025:CGHC:52756 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8578 of 2025 Kanhaiya Yadav Alias Krishna Kumar Yadav S/o Dhurau Ram Yadav Aged About 45 Years R/o Ward No. 11, Sahu Para, Parsada, Police Station Balod, District Balod C.G. ... Applicant versus State Of Chhattisgarh Through Station House O昀케cer, Police Station Balod, District – Balod, C.G. ---- Non-applicant For Applicant : Mr. Prabhat Kumar Saxena, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.10.2025 1. This is the First bail application 昀椀led under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 268/2025 registered at Police Station – Balod, District – Balod (C.G.) for the o昀昀ence punishable under Sections 64(2) of the BNS. 2. Case of the prosecution, in brief, is that the complainant lodged the report before the Police Station concerned that her Bhanji (victim) is mentally un昀椀t and her treatment is going on at Mental Hospital Sendri Bilaspur. The above mental diseased (victim) along with applicant has developed physical relationship with the victim continued thereby she RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 has conceived pregnant. The applicant told to the parents of the victim for abortion of above incident and for providing money in place of that incident. On the basis of such incident the complainant lodged the report before Police Station. The Police investigated the matter and registered the crime for an o昀昀ence under Section 64(2)(A) of the BNS. After completion of the investigation the Police registered the crime 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 and the applicant were having physical relationship, and it is stated that the parents of the victim had demanded money from the applicant, and when the applicant refused to give the same, thereafter, the present FIR was lodged against the applicant. The applicant is in jail since 29.06.2025, 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 opposed the bail application and submits that from the perusal of the case-diary and statement of the victim recorded under Section 183 of the BNSS, it transpires that the victim is a mentally un昀椀t girl aged about 28 years, and the victim in her statement, under the asigned language has submitted that the applicant who is father of ‘Lalli’ has committed rape on her. As such, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case and also considering the fact that the charge-sheet has been 昀椀led in the present case, and from the perusal of the case-diary and statement of the victim recorded under Section 183 of the BNSS, it transpires that the victim is a mentally un昀椀t girl aged about 28 years, and the victim in her statement, under the asigned language has submitted that the applicant who is father of ‘Lalli’ has committed rape on her, thus, this Court is of the opinion that it is not a 昀椀t case to enlarge the applicant on regular bail. 7. Accordingly, this bail application of applicant – Kanhaiya Yadav Alias Krishna Kumar Yadav involved in Crime No. 268/2025 registered at Police Station – Balod, District – Balod (C.G.) for the o昀昀ence punishable under Sections 64(2) of the BNS, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously. 9. O昀케ce is directed to send a certi昀椀ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar