1 2025:CGHC:55384 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9121 of 2025 Anip Jatwar S/o Late Shrikumr Jatwar Aged About 19 Years R/o Puchhapara, Indira Nagar, Near Durga Mandir, P.S. City Kotwali, Raigarh, District Raigarh Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Mahila Thana, Raigarh, District Raigarh Chhattisgarh ... Respondent For Applicant : Ms. Minakshi Gupta, Advocate. For Respondent/State : Shri Malay Jain, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/11/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.10/2025 (wrongly mentioned as 14/2025 in the order sheet) registered at Police Station Mahila Thana, Raigarh, District-Raigarh (C.G.) for the offence punishable under Sections 64(2)(K), 70(1), GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.17 11:00:07 +0530 2 351(2) of the Bhartiya Nyaya Sanhita 2023. 2. Case of the prosecution, in brief, is that on 22.05.2025 the father of the prosecutrix has lodged the report before the police alleging that on 21.05.2025 when the prosecutrix who is mentally ill was returning to her house at about 10.00 a.m. when father of the prosecutrix enquired about the prosecutrix on 21.05.2025 then he came to know that the applicant along with other accused persons took the prosecutrix on pickup vehicle and committed sexual intercourse with the prosecutrix one by one then the father of the prosecutrix made above report before the Police station. On the basis of said report the police has registered the crime for the offence u/s 64(2)(K), 70(1), 351(2) of the Bhartiya Nyaya Sanhita 2023 against the applicant and other co-accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. She would submit that the victim is a mentally and physically challenged person. She would submit that the charge sheet has been filed, applicant is in jail since 22/05/2025 and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that it is a case of gang rape and the applicant along with the co-accused Umang and two unknown persons have committed rape on the victim and her MLC goes to show that recent intercourse has taken place and further the FSL is found positive and human sperm was found, therefore the applicant is not entitled to be released on bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, considering the fact that it is a case of gang rape and the applicant along with the co- accused Umang and two unknown persons have committed rape on the victim who is a mentally and physically challenged person and her MLC goes to show that recent intercourse has taken place and further the FSL is found positive and human sperm was found, therefore considering the fact, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant Anip Jatwar involved in Crime No.10/2025 (wrongly mentioned as 14/2025 in the order sheet) registered at Police Station Mahila Thana, Raigarh, District-Raigarh (C.G.) for the offence punishable under Sections 64(2)(K), 70(1), 351(2) of the Bhartiya Nyaya Sanhita 2023, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri