1 2026:CGHC:5715 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1052 of 2026 Budhan Ram S/o Late Shri Thirra Ram Aged About 34 Years R/o Village - Civildaag Katasaru, Police Station - Kusmi, District - Balrampur- Ramanujganj Chhattisgarh ...Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station - Kusmi, District - Balrampur-Ramanujganj Chhattisgarh ...None-applicant For Applicant : Mr. Rishi Rahul Soni, Advocate For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.02.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 75/2025 registered at Police Station – Kusmi District – Balrampur- Ramanujganj (C.G.), for the offence punishable under Sections 64, 296 of the BNS 2023. 2. The prosecution, in brief, is that allegedly on the date of incident i.e. 09.08.2025 at about 10:00 P.M., when the prosecutrix came outside of VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.03 11:41:28 +0530 2 her house to response the call of nature, the applicant (the accused) forcefully took the prosecutrix to the gardenbadi) of one Garna Lohar and committed rape with her. On basis of above facts, a crime has been registered against the applicant (the accused) for the offence punishable under section 64, 296 of the Bharatiya Nyaya Sanhita 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that no offence whatsoever has been committed by him and his implication is based merely on suspicion. There is no material, admissible evidence, or credible circumstance available on record to connect the applicant with the alleged crime. The prosecution case is further rendered doubtful due to an unexplained delay of about 20 days in lodging the FIR, which clearly indicates that the case has been falsely instituted. In fact, there exists a monetary dispute between the applicant and the husband of the prosecutrix, and with an ulterior motive to exert pressure upon the applicant, the present false case has been registered at his instance. Even otherwise, no offence under Sections 64 and 296 of the Bharatiya Nyaya Sanhita, 2023 is prima facie made out against the applicant. The applicant has been in judicial custody since 30.08.2025, therefore, he prays for grant of bail to the applicant. 4. Learned State counsel vehemently opposed the bail application and submitted that the allegations against the applicant/accused are grave and heinous in nature. It was contended that the statement of the victim recorded under Section 183 of the Bharatiya Nyaya Sanhita 3 clearly discloses the involvement of the applicant, wherein she has specifically stated that on 09.08.2025 at about 10:00 p.m., when she went out to attend the call of nature, the applicant caught hold of her hand and arm, took her to Garna Lohar’s garden, and forcibly committed rape upon her, besides threatening to kill her. Learned State counsel further submitted that the FIR has been promptly lodged, the investigation is in progress, and at this stage, releasing the applicant on bail may adversely affect the investigation and may also intimidate or influence the victim. Considering the seriousness of the offence and the supporting material available in the case diary, learned State counsel prayed for rejection of the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and the material available in the case diary, particularly the statement of the victim recorded under Section 183 of the Bharatiya Nyaya Sanhita, it prima facie appears that on 09.08.2025 at about 10:00 p.m., when the victim stepped out of her house to go to the bathroom, the applicant/accused caught hold of her hand and arm, took her to Garna Lohar’s garden, and forcibly raped her against her will, besides threatening to kill her. A report in this regard has been duly lodged. In view of the serious and heinous nature of the allegations, therefore, upon an overall consideration of the material available on record, I am of the considered opinion that the applicant is not entitled to the grant of bail. 7. Accordingly, the bail application of applicant - Budhan Ram, involved 4 in Crime No. 75/2025 registered at Police Station – Kusmi District – Balrampur-Ramanujganj (C.G.), for the offence punishable under Sections 64, 296 of the BNS 2023, is rejected. 8. 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 Vaibhav