1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8905 of 2025 Loknath Patel S/o Ramprasad Patel Aged About 29 Years R/o Charpara, Arjuni District Janjgir-Champa Chhattisgarh ... Applicant versus State of Chhattisgarh Through - Police Station Mahila Thana Raigarh, District- Raigarh (C.G.) ... Non-applicant For Applicant : Mr. Jai Kumar Dewangan, Advocate For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.11.2025 1. This is the Second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 9/2025 registered at Police Station – Mahila Thana, Raigarh, District Raigarh (C.G.), for the offence punishable under Sections 64, 115(2), 351(2), 77 and 238 of the Bhartiya Nyaya Sanhita, 2023. 2. The earlier bail application of the applicant has been rejected on merits by this Hon’ble Court vide order dated 24.07.2025 passed in MCRC No. 5793 of 2025. 3. The prosecution, in brief, is that the complainant has made complaint concerned police station with intend that 17.05.2025 at about 7:15 VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.10 18:09:24 +0530 2 O'clock to 7.30 O'clock in the night the applicant has committed sexual intercourse with her at Saraipali forest place in the name of providing job in Nalwa Pawar Plant, but the same has not provided by the applicant. Based upon the such complaint made by the complainant, the police has registered the offence punishable under section 64, 115(2), 351(2), 77 and 238 of the B.N.S. at crime no. 09/2025 against the present applicant. 4. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He submits that the victim is a major and a housewife having a minor daughter aged about 5 years; she is well aware of right and wrong, and it is improbable that any such act could have been committed without her consent, therefore the applicant has been falsely implicated. The victim was acquainted with the applicant, who was known to her as Rahul Sahu through Instagram, yet she lodged a complaint against one Loknath Patel, which is a contradictory statement that the police failed to properly investigate before registering the FIR. There are a total of ten prosecution witnesses in the case, out of which only two, the victim and her husband, have been examined, and both have not supported the prosecution case. The remaining witnesses will take considerable time for examination, and the doctor’s opinion also reveals that no definite evidence of sexual intercourse was found on the victim. The prosecution has concocted a false and fabricated story merely to implicate the applicant. The applicant is the sole earning member of his family and has been in jail since 18.05.2025, having already undergone more than five months of incarceration, which has adversely affected his future and his family’s survival. Considering the material available 3 on record, no prima facie case is made out against him. The applicant is a permanent resident of the village as mentioned in the cause title, and there is no likelihood of his absconding. He is ready to furnish adequate surety and shall abide by all the conditions imposed by this Hon’ble Court, therefore, the bail application of the present applicant is entitled to be dismissed. 5. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the complainant, who came to know the applicant through Instagram while searching for employment, was induced by the applicant under the pretext of providing a job at Nalwa Power Plant. Believing the applicant’s assurance, the complainant travelled from Raipur to Raigarh on 17.05.2025, where the applicant allegedly picked her up and took her to Nalwa Power Plant, and later, under the pretext of introducing her to his superior, took her to a jungle near Saraipali and allegedly committed forceful sexual intercourse with her and took obscene photographs. Therefore, the bail application of the present applicant is entitled to be dismissed. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, and upon perusal of the statement of the victim recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), it appears that the complainant, who came into contact with the applicant through Instagram while searching for 4 employment, was allegedly induced by the applicant under the pretext of providing a job at Nalwa Power Plant. Believing the assurance given by the applicant, the complainant travelled from Raipur to Raigarh on 17.05.2025, where the applicant allegedly picked her up and took her to Nalwa Power Plant, and thereafter, under the pretext of introducing her to his superior, took her to a jungle near Saraipali, where he allegedly committed forcible sexual assault upon her and took obscene photographs. Since no new ground has been raised and considering the seriousness of the allegations levelled against the present applicant, this Court is of the considered opinion that the second bail application of the applicant is entitled to be rejected. 8. Accordingly, the first bail application of the applicant – Loknath Patel, involved in Crime No. 9/2025 registered at Police Station – Mahila Thana, Raigarh, District Raigarh (C.G.), for the offence punishable under Sections 64, 115(2), 351(2), 77 and 238 of the Bhartiya Nyaya Sanhita, 2023, is rejected. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavor to conclude the trial as expeditiously as possible within a period of three months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (RameshSinha) Chief Justice vaibhav