1 2025:CGHC:58373 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9683 of 2025 Raja Alias Rajkumar S/o Shri Ram Nivas Rajak Aged About 25 Years R/o Chichgohna, P.S. Marwahi, Tahsil Marwahi, District Gaurela- Pendra-Marwahi Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Marwahi, District Gaurela-Pendra-Marwahi Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Vijay Shankar Mishra, Advocate. For Respondent(s) : Mr. Soumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.12.2025 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. 77/2025 registered at Police Station Marwahi, District 2 Gaurela-Pendra-Marwahi (C.G.) for the offence punishable under Sections 70(1) and 126(2) of BNS. 2. Case of the prosecution, in brief, is that on 25/5/2025 a report was lodged before the concerned Police Station stating that on 24/5/2025 at about 6 PM, the victim was walking towards her house, where Amol Prajapati, Raja, Sajan and Prem Bhaina were standing and it has been further alleged that Raja asked her where she is going and Raja and along with other co-accused person forcefully caught hold of her and took her near a mango tree. All the 4 persons drank alcohol and thereafter, the accused persons committed rape. It has also been alleged that all 4 accused persons slept beneath the tree and raja dropped the victim to her friend's house, the husband of the victim found her in her friend' s house and consequently when she informed her husband a report to that effect was lodged against the accused persons. Hence, the bail application. 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 22.08.2025, therefore this second bail application is filed on the ground that since victim, husband of victim, relative, her friend and other important prosecution witnesses have been examined before the trial Court and have not supported the prosecution case, charge-sheet has already been filed in the present case and the applicant is in jail since 26.05.2025, hence, 3 he prays for releasing the applicant on regular bail. 4. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant, along with the co- accused persons, has been specifically implicated by the victim in the offence of gang rape in her subsequent statement recorded under Section 183 BNSS, which is further supported by a positive FSL report. Accordingly, the applicant is alleged to have actively participated in the commission of the said offence and his bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the above submissions made by the learned counsel for the parties, as some of the prosecution witnesses including the victim have 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 22.08.2025 in MCRC No. 5181 of 2025 on the ground that serious nature of the allegations of gang rape against the applicnat, his specific implication in the FIR, the victim’s categorical statement under Section 180 BNSS and subsequent statement under Section 183 BNSS naming him as one of the perpetrators, along with the 4 supporting positive FSL report, which collectively disclosed prima facie involvement of the applicant in the offence, hence there appears to be no good ground to entertain the present bail application. 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-Raja Alias Rajkumar, involved in Crime No. 77/2025 registered at Police Station Marwahi, District Gaurela-Pendra-Marwahi (C.G.) for the offence punishable under Sections 70(1) and 126(2) of BNS, is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 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