1 2026:CGHC:22955 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4535 of 2026 Suraj Verma S/o Late Tej Lal Verma Aged About 26 Years R/o Village Kurubhanth Dongargarh District Rajnandgaon Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Mohan Nagar, District – Durg, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Aditya Bhardwaj, Advocate. For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.05.2025 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. 505/2024 registered at Police Station – Mohan Nagar, District – Durg (C.G.) for the offence punishable under Sections 64, 115(2) and 3(5) of the BNS. 2. Case of the prosecution, in brief, is that on 11.10.2024, the complainant who is the mother of the victim, reported to the Police that her daughter (the victim) is mentally ill and incapable of judging right and wrong on her own. She further stated that the victim is under the treatment of psychologist Dr. Pramod Gupta. On 09.10.2024, the victim took some money from her mother to visit a mela (carnival), but instead went to Durg, where she was wandering RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 around the Railway Station. It was there that the applicant met her and proposed marriage. The victim then went with him to the house of the co-accused. It is alleged that the co-accused, Mahendra Bandhe, put sindoor on the victim’s forehead and thereafter had committed sexual intercourse with her. On the basis of the mother’s complaint, the Police registered the crime under Section 64 and 115(2) of the BNS, and during the course of investigation, it was found that the applicant had assaulted the victim leading to the addition of an offence under Section 3(5) of the BNS. 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. The applicant is in jail since 07.12.2024, 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 victim is mentally retarded and specific allegations have been levelled against the applicant and co-accused persons for committing rape upon her, and the victim’s statement has been recorded under Section 183 of the BNSS as well as before the trial Court, and further during the course of investigation it was also revealed that the along with the co-accused, applicant had also assaulted the victim and the bail application of the co-accused has already been rejected by this Court vide order dated 13.03.2026 passed in MCRC No.714/2026. As such, the bail application 3 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 also considering the fact that the charge-sheet has been filed in the present case, and from the perusal of the case-diary, it transpires that the victim is mentally retarded and specific allegations have been levelled against the applicant and co-accused persons for committing rape upon her, and the victim’s statement has been recorded under Section 183 of the BNSS as well as before the trial Court, and further during the course of investigation it was also revealed that the along with the co-accused, applicant had also assaulted the victim and the bail application of the co-accused has already been rejected by this Court vide order dated 13.03.2026 passed in MCRC No.714/2026, 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 – Suraj Verma involved in Crime No. 505/2024 registered at Police Station – Mohan Nagar, District – Durg (C.G.) for the offence punishable under Sections 64, 115(2) and 3(5) 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, if there is no legal impediment. 4 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