1 2026:CGHC:19306 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3782 of 2026 Bhajandas S/o Pitamber Mahilane Aged About 62 Years R/o Village Bhadra, P.S. Kosir, District Sarangarh-Bilaigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Sarsivan, District – Sarangarh-Bilaigarh (C.G.) ---- Non-applicant For Applicant : Mr. Pramod Kumar Navratna, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.04.2026 1. This is the 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. 270/2025 registered at Police Station – Sarsivan, District – Sarangarh- Bilaigarh (C.G.) for the offence punishable under Sections 64(1), 64(2)(m) and 351(2) of the BNS. 2. Case of the prosecution, in brief, is that on 01.12.2024 to 05.09.2025, the 62 year old applicant established continuous physical relations with the 23 year old victim at Village Bhadra by giving a false promise of marriage and exerting criminal intimidation. This resulted in the victim’s pregnancy and the subsequent birth of a child, leading to an FIR registered against the applicant. Hence, this application. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the charge-sheet has been submitted in this case. It has been further submitted that the applicant is in jail since 05.09.2025, 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 opposed the bail application and submits that from the perusal of the case-diary it transpires that the applicant happens to be an old person aged about 62 years and the statement of the victim recorded under Section 183 of the BNSS goes to show that the applicant had committed rape on the victim aged about 23 years and after resistance while she was running, she had fallen down and thereafter, she has suffered some injuries also on her leg and back, and the applicant committed rape on her, and resultantly she became pregnant and she has also delivered a child, and when an application was moved for DNA test, the applicant submitted that there is no need of DNA test as he accepted the fact that the said pregnancy pertained to him, and the said fact is mentioned in the charge-sheet. As such, the bail application deserves to be rejected. 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 and from the perusal of the case-diary it transpires that the applicant happens to be an old person aged about 62 years and the 3 statement of the victim recorded under Section 183 of the BNSS goes to show that the applicant had committed rape on the victim aged about 23 years and after resistance while she was running, she had fallen down and thereafter, she has suffered some injuries also on her leg and back, and the applicant committed rape on her, and resultantly she became pregnant and she has also delivered a child, and when an application was moved for DNA test, the applicant submitted that there is no need of DNA test as he accepted the fact that the said pregnancy pertained to him, and the said fact is mentioned in the charge-sheet, thus, 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 – Bhajandas, involved in Crime No. 270/2025 registered at Police Station – Sarsivan, District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 64(1), 64(2)(m) and 351(2) of the BNS, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed with the trial and conclude the same, 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 Rajshekhar