1 2025:CGHC:61533 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9438 of 2025 Bhairolal S/o Nohar Lal Aged About 29 Years R/o Village Bhamhni Bhantha, Thana Dongargaon, Distt. Rajnandgaon, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S. Dongargaon, Distt. Rajnandgaon, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. J.K. Gupta, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.12.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 211/2024, registered at Police Station Dongargaon, Distt. Rajnandgaon (CG) for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Sections 376(2)(n), 376(2)(1), 450, 506 of IPC. 2. The prosecution story in brief, is that the victim had been unwell and not eating properly since 23.08.2024. On medical examination on 27.08.2024, she was found to be pregnant, and sonography revealed a pregnancy of about 19 weeks and 4 days. Upon inquiry by her parents, the victim disclosed that about four to five months earlier, the accused Bhairolal Sahu had forcibly raped her at her house by threatening her with death and repeatedly established physical relations with her, as a result of which she became pregnant. It is alleged that the victim is mentally weak and unable to speak much, and taking advantage of her condition, the accused committed repeated rape. On the written report of the victim’s mother, an FIR was registered at Police Station Dongargaon under Sections 376(2)(n), 376(2)(1), 450 and 506 IPC, and after investigation, a charge-sheet was filed against the accused. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that the victim was a consenting party and that her parents have falsely projected her as mentally weak with an intention to implicate the applicant. As per the statement of the victim, she is mentally fit and has stated that due to pressure from her guardians she behaved as if she was mentally weak. The treating doctor has also specifically stated that the victim was not referred 3 to a psychiatrist for assessment of her mental capacity, which clearly indicates the absence of any medical evidence regarding mental incapacity. He also submits that there is an inordinate and unexplained delay in lodging the FIR. The learned Court below failed to appreciate that the prosecution has not established the essential ingredients of the alleged offences, as no exclusive or incriminating possession or material has been recovered from the present applicant, thereby weakening the prosecution case. The applicant is in jail since 02.09.2024 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that the applicant is alleged to have repeatedly committed rape upon the victim by forcibly establishing physical relations with her at her house after threatening her with death, taking advantage of her alleged mental weakness, which resulted in her pregnancy, the said fact is corroborated by DNA Report, which shows that present applicant is biological father of the child, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature 4 and gravity of the allegations, and the material available on record, this Court finds that the applicant is accused of repeatedly committing rape upon the victim by threatening her with death and taking advantage of her alleged mental weakness, which resulted in her pregnancy, the investigation has culminated in filing of the charge-sheet and the DNA report prima facie establishes that the applicant is the biological father of the child, haviang regard to the seriousness of the offence, the vulnerability of the victim, and the strong prima facie evidence against the applicant, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, the bail application of applicant-Bhairolal, involved in Crime No. 211/2024, registered at Police Station Dongargaon, Distt. Rajnandgaon (CG) for the offence punishable under Sections 376(2)(n), 376(2)(1), 450, 506 of IPC, is rejected. 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. Sd/- (Ramesh Sinha) Chief Justice Akhil