1 2025:CGHC:58440 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9807 of 2025 • Mahesh Kumar Mahilange S/o Harihar Prasad Mahilange Aged About 40 Years R/o Silphari, P.S.- Sirgitti, District : Bilaspur, Chhattisgarh ... Applicant versus • State of Chhattisgarh Through Station House Officer, P.S.- Sirgitti, District : Bilaspur, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Akhtar Hussain, Advocate For Respondent/State : Ms. Vaishali Mahilong, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 02.12.2025 1. This is 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.479/2025 registered at Police Station – Sirgitti, District – Bilaspur (C.G.) for the offence punishable under Sections 64, 351, 115(2) of BNS, 2023. 2. Case of the prosecution, in brief, is that on 08.09.2025 the complainant/victim lodged an FIR before concerned police station alleging therein that she is a married lady and she has four children out of which two are already got married and remaining two are working outside and her husband is a daily wager. And only victim and her husband is residing in her house and on 06.09.2025 at about 7:00 a.m. when her husband gone for his work the present applicant entered into VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.12.03 15:01:24 +0530 2 her house while calling her husband and when she said that her husband is not in the house, the present applicant locked the house from inside and started assaulting her and committed forcefully sexual offence with her. Thereafter on the basis of written complaint of the victim, aforementioned offences have been registered against the present applicant. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. It is further submitted that there was some monitory dispute between the applicant and prosecutrix’s husband, and on the date of incident there was some quarrel took place between the prosecutrix and applicant, therefore applicant has falsely implicated in crime in question. He further submits that according to the statement recorded by the prosecutrix under Section 183 of BNS, in which she said that when her husband asked about her injuries, she told him that she had fallen in the toilet and got injured. He also submits that as per the MLC report there was no injury on the private part of the prosecutrix and FIR has been lodged after two days of the alleged incident. It is submitted that the applicant is in jail since 09.09.2025, 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, opposes the bail application and submits that the charge-sheet has been filed in the present case before competent Court and as per the statement recorded under Section 183 of BNS, in which she stated that on the date of incident applicant entered into her house while calling her husband and when she said that her husband is not in the house, the present applicant locked the house from inside and started assaulting her and committed forcefully sexual offence with her. She also submits that as per the MLC report, prosecutrix received multipal injuries on her body. Thus, the bail application deserves to be rejected. 3 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, submissions made by learned counsel for the parties, allegation levelled against the present applicant, injuries received by the prosecutrix and also looking to the conduct of the applicant, therefore, 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 – Mahesh Kumar Mahilange involved in Crime No.479/2025 registered at Police Station – Sirgitti, District – Bilaspur (C.G.) for the offence punishable under Sections 64, 351, 115(2) of BNS, 2023, 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 vaishali