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2026 DAILYLAW 11050 (CHH)

MANOHAR SINGH PARASTE v. STATE OF CHHATTISGARH

MCRC/4194/2026 · 2026-05-05

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Judgment text

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1 2026:CGHC:21159 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4194 of 2026 Manohar Singh Paraste S/o- Bajaru Singh Paraste, Aged About 42 Years R/o- Block Colony, Beside Tahsil Office, Katekalyan Police Station and Tahsil Katekalyan, District- South Bastar Dantewada (C.G.) ... Applicant versus State of Chhattisgarh Through- Police Station- Katekalyan, District- South Bastar Dantewada (C.G.) ... Non-Applicant For Applicant : Mr. Kishore Narayan, Advocate. For Non-Applicant/State : Ms. Sameeksha Gupta, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 06.05.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.02/2026 registered at Police Station – Katekalyan, District- South Bastar Dantewada (C.G.) for the offence punishable under Section 64 of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story is that on 27.01.2026, the victim submitted a written complaint before Mahila Thana, Dantewada, stating that she was residing in a single room beside the Tahsil Office, Katekalyan, along with six male and female co-workers. On the date of the incident, i.e., PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.05.07 15:04:37 +0530 2 26.01.2026, the other co-workers had gone to Dantewada, while the victim remained alone in the room as she was unwell and suffering from stomach pain. It is alleged that at around 11:00 a.m. to 12:00 noon, the accused/applicant quietly entered the room and forcibly established physical relations with the victim When she screamed, the accused allegedly fled from the room. Thereafter, when the other co-workers returned from Dantewada, they informed the victim’s maternal uncle, following which the FIR was registered. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submitted that the applicant is a contractor and the victim was working under him along with other persons, including female workers. It is further submitted that the applicant and the victim were found in a compromising position by the daughters of the applicant and the friends of the victim, as is apparent from the statement of the victim recorded under Section 161 of the Cr.P.C. Learned counsel further contended that the applicant and the victim were in a consensual relationship and, in order to save herself, the victim lodged a false FIR against the applicant. It is also submitted that the applicant has no previous criminal antecedents, the charge-sheet has already been filed, and the applicant is in jail since 28.01.2026. Since the trial is likely to take a considerable time for its conclusion, it is prayed that the applicant be enlarged on bail. 4. On the other hand, the learned State Counsel opposed the bail application, submitting that the charge-sheet has already been filed. She further contended that, as stated in paragraph 6.1 of the grounds mentioned in the bail application, the applicant himself has submitted that he has been falsely implicated in the present case by the victim due to a 3 dispute regarding payment of wages. She further submitted that, as per the MLC report, an abrasion was found on the chest of the victim. Further, according to the statement of the victim recorded under Section 183 of the BNSS, the allegation against the applicant is that he committed rape in the absence of the other persons residing with her in the room. Therefore, the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that as per the MLC report, an abrasion was found on the chest of the victim, according to the statement of the victim recorded under Section 183 of the BNSS, the allegation against the applicant is that he committed rape in the absence of the other persons residing with her in the room, also considering the facts and circumstances of the case, the submission made by the learned counsel for the applicant that the victim was in a consensual relationship and was seen in a compromised position by the daughters of the applicant and friends of the victim is contrary to the averments made in paragraph 6.1 of the bail application, wherein it has been submitted that the applicant has been falsely implicated on account of a dispute relating to payment of wages, further the charge-sheet has already been filed in the present case, and the applicant has been in judicial custody since 28.01.2026, 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 the applicant - Manohar Singh Paraste involved in Crime No.02/2026 registered at Police Station – Katekalyan, District- South Bastar Dantewada (C.G.) for the offence 4 punishable under Section 64 of Bharatiya Nyaya Sanhita, 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 Preeti