1 30. BA 1106 of 2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.1106 OF 2026 ANIL S/O SANTU USENDI VERSUS STATE OF MAHARASHTRA THR PSO., PS TAHSIL AND DIST. GADCHIROLI AND ANOTHER Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. V.H. Pandey, Advocate for Applicant. Mr. A.M. Kadukar, APP for Non-Applicant No.1-State. Ms. K.V. Nikose, Advocate (Appointed) for Non-Applicant No.2. CORAM : M.M. NERLIKAR, J. DATED : 30th SEPTEMBER 2026 PER COURT :- 1. Heard learned Counsel for the applicant and learned Counsel for non-applicant No.2 as well as learned APP for the State. 2. The application is filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail, in connection with Crime No.131 of 2025, registered with Police Station Gadchiroli, Dist. Gadchiroli, for the offences punishable under Sections 64(1), 64(2)(l) and 115(2) of the Bharatiya Nyaya Sanhita, 2023. 3. The brief facts of the case are that on 02.03.2025, at about 05.30 p.m., when the victim went to answer a nature’s call in 2026:BHC-NAG:13087 2 30. BA 1106 of 2026.odt the agricultural field adjoining the village, at that time, an unknown person came on a bicycle and sat on the person of the victim and assaulted her with fists and kick blows. He then removed her clothes and committed forcible sexual intercourse with her. When the victim resisted the act, he again assaulted her by strangulating her and hitting on her head. As a result, the victim became unconscious and fell down on the spot. Based on these allegations, the FIR was lodged. 4. Learned Counsel for the applicant submits that though there are serious allegations against the applicant, however, the FIR was registered against unknown person. He submits that a sketch was prepared and on that basis, the applicant was arrested and was identified in test identification parade. He submits that no injury was found on the person of applicant as it is alleged that the victim resisted the act. Under such circumstances, he submits that the story put forth by the prosecution cannot be believed. Therefore, he prayed for grant of bail since the applicant is in jail from 04.03.2025. 5. On the other hand, learned APP and learned Counsel appearing for the victim, vehemently opposed the application and submitted that after the incident, the victim had lost her ability to hear. They submit that she was brutally assaulted by the applicant and thereafter, committed rape on her. They further submits that the 3 30. BA 1106 of 2026.odt applicant was not known to the victim and was identified in the test identification parade. The victim was required to take medical treatment as an indoor patient for nine days due to the act. They submit that this is a fit case in which the ingredients of Section 64 of BNS and other provisions are satisfied since it is a forcible sexual intercourse without the consent of the victim. Therefore, they submit that the applicant does not deserve to be granted bail. 6. Upon consideration of the submissions of both the sides and after perusal of FIR as well as the charge-sheet, it appears that the incident took place on 02.03.2025, at about 05.30 p.m. in the field when the victim went to answer the nature’s call. At that time, one unknown person came on a bicycle and abruptly sat on the person of the victim and assaulted her forcibly by fists blows on face, eyes and chest and thereafter, committed forceful sexual intercourse with her. Perusal of the material placed on record, it reveals that there are total 27 injuries sustained by the victim. The applicant was identified by the victim in the test identification parade. Considering the seriousness of crime and that it is a heinous crime, I am of the considered opinion that this is not a fit case for grant of bail. Therefore, the application is rejected. 4 30. BA 1106 of 2026.odt 7. It is to be noted that the applicant is in jail from 04.03.2025 and it appears that one witness was examined, therefore, the trial court is requested to expedite the trial. 8. Fees of the appointed Counsel be quantified as per Rules by the High Court Legal Services Sub Committee, Nagpur. (M.M. NERLIKAR, J.) asd