1 2026:CGHC:1703 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 257 of 2026 Dhanesh Vishwakarma S/o Jhraru Aged About 45 Years R/o Village Kanhare, Out Post Khandhsara, P.S. And Distt. Bemetara, Chhattisgarh. (Description Mentioned As Per Charge Sheet) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, P.S. Darhi, Distt. Bemetara, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Nassimuddin Ansari, Advocate. For Respondent(s) : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 07/2025, registered at Police Station Darhi, Distt. Bemetara (CG) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Sections 87, 64 and 64(2) (K) of BNS. 2. The prosecution story in brief, is that the complainant (victim's father) has moved an application before the police and lodged the present crime against the accused with the main allegations that her daughter/victim aged about 27 years is mentally ill and her marriage was also disturbed due to her mental disorder and at present, she along with her two children were residing with the complainant. On 12.01.2025, the applicant/accused took her on scooty and committed rape with her in the field, which led to the registration of alleged offence against the applicant. Hence, the bail application,. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that the applicant has neither committed nor participated in any act constituting the alleged offences. Further, the evidence collected by the prosecution is not prima facie sufficient to establish the guilt of the applicant, and due to previous enmity, the applicant has been falsely implicated in the present case. He also submits that some of the prosecution and material witnesses have already been examined and they have not supported the prosecution case, which is evident from their depositions/statements filed collectively as Annexure A-3. The applicant is in jail since 14.01.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the 3 present case before the competent Court. He further submits that the applicant is alleged to have enticed the victim, a mentally ill woman aged about 27 years, from her residence in Village Pachbhaiya, made her consume liquor, and forcibly took her on his scooty to a Rahar field on Koylari–Bipatra Road, where he committed sexual assault (rape) upon her. The complainant and villagers reportedly found the applicant in the act, and on being questioned, he identified himself but fled from the spot, leaving behind his scooty, trousers, and shoes. The victim later confirmed that the applicant abducted and assaulted her, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the case diary, it prima facie appears that the applicant is alleged to have enticed the victim, a mentally ill woman aged about 27 years, from her residence in Village Pachbhaiya, on the pretext of taking her somewhere, and forcibly took her on his scooty, the applicant made her consume liquor, thereby incapacitating her, and then took her to a Rahar field on the Koylari– Bipatra Road, where he forcibly committed sexual assault (rape) upon her. The complainant and villagers, while searching for the victim, reportedly found the applicant in the act of assaulting her. Upon questioning, he disclosed his identity as Dhanesh Vishwakarma (present applicant), son of Jhuru Vishwakarma, resident of Kanhera, Chowki Khandasra, Police Station Bemetara, 4 and thereafter, he fled from the spot, leaving behind his scooty, trousers, and shoes. Following the incident, the victim was taken to her residence by 108 Ambulance, and she stated that the applicant had abducted her, made her consume liquor, taken her on his scooty, and forcibly committed sexual assault. 7. In view of the serious nature of the offences alleged against the applicant, including abduction and sexual assault of a mentally ill woman, and considering that the investigation and evidence collected prima facie indicate his involvement, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the bail application of applicant-Dhanesh Vishwakarma, involved in Crime No. 07/2025, registered at Police Station Darhi, Distt. Bemetara (CG) for the offence punishable under Sections 87, 64 and 64(2) (K) of BNS, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and concluded the trial expeditiously. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil