1 2025:CGHC:51945 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8439 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 C.G. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Kerlapal, District Sukma C.G. ... Respondent(s) For Applicant(s) : Mr. Ishwar Jaiswal, Advocate For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.10.2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who 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, 64(2)(ट) of the BNS. 2 2. Case of the prosecution, in brief, is that the complainant has lodged a written complaint at the concerned police station alleging that the applicant committed sexual intercourse with the victim. Accordingly, the police have registered an offence punishable under Sections 64 and 64(2) (2) of the B.N.S. against the present applicant. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 05.05.2025, therefore this second bail application is filed on the ground that the victim has turned hostile before the learned trial Court, charge-sheet has already been filed in the present case and the applicant is in jail since 04.03.2025, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the first bail application of the applicant was dismissed on merits on the ground that 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. Further, so far as present second bail application is concerned, the victim turning hostile cannot be a ground for grant of bail to the applicant as the same would only amount to tempering with the evidence. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the above submissions made by learned counsel for the parties, as the victim has turned hostile, the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence. 7. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 05.05.2025 in MCRC No. 2832 of 2025 on the ground that 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. As such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the second bail application of the 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, 64(2)(ट) of the BNS, is rejected at this stage. 9. Learned trial Court is directed to conclude the trial as expeditiously as possible, within a period of four months, from the date of production of certified copy of this order. 4 10. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil