1 2026:CGHC:23451 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4871 of 2026 Narsingh Khalkho Aged About 67 Years S/o Nanhi Ram Khalkho, R/o Mudagaon P.S. Lailunga Dist- Raigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Station House OfÏcer (S.H.O.) P.S. Lailunga District- Raigarh (C.G.) ... Respondent(s) For Applicant : Mr. Ashutosh Biswas, Advocate. For Respondent(s) : Mr. D.R.Minj, Deputy Government Advocate. Hon’ble Mr. Justice Parth Prateem Sahu, Judge Order on Board 21/05/2026 1 The applicant has preferred this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, the BNSS) for grant of regular bail, as he has been arrested on 26.03.2026 in connection with Crime No.101/2026, registered at Police Station Lailunga, District Raigarh, Chhattisgarh, for the offences punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023 (for short, the BNS). 2 The prosecution story, in brief, is that a written complaint was made 2 by the mother of the victim on 25.03.2026 at Police Station, Lailunga, District Raigarh, to the effect that her daughter, aged about 20 years, was mentally retarded. Her daughter became pregnant and when asked, the victim informed her that the applicant had forcefully committed sexual intercourse with her. Upon such complaint, FIR bearing Crime No. 101/2026 was registered against the applicant. 3 It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. The victim is a major girl aged about 20 years and the applicant is an old man aged about 67 years. Further, there is a delay of about 6 to 7 months in lodging the FIR and the FIR was lodged only when the victim became pregnant. Even the Doctor who has examined the victim has not given any definite opinion with regard to commission of sexual intercourse. The conclusion of the trial is likely to take some time and the applicant is languishing in jail since 26.03.2026 and as such, he prays that the applicant may be released on bail. 4 On the other hand, the learned counsel for the State opposes the present bail application and submits that though the victim is a major girl aged about 20 years, but she is reported to be mentally retarded and the delay in lodging the FIR occurred as the incident came to the knowledge of the mother of the victim only when the pregnancy of the victim became visible to her and when it was reported by the Doctor that the victim was pregnant. There is a categorical statement made by the mother of the victim against the applicant with regard to the commission of offence against the victim. Hence, the present bail application deserves to be rejected. 5 I have heard learned counsel for the parties and perused the case diary. 3 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant which are serious in nature and pertain to commission of sexual intercourse with a mentally retarded girl, who is stated to be incapable of understanding the consequences of such act or protecting her own interest, the vulnerability of the victim and the gravity of the accusation prima facie disentitles the applicant from grant of bail at this stage. Looking to the mental condition of the victim, the stage of investigation, and the possibility of tampering with prosecution evidence, this Court is not inclined to grant bail to the applicant. 7 Accordingly, the bail application of applicant – Narsingh Khalkho, involved in Crime No.101/2026, registered at Police Station Lailunga, District Raigarh, Chhattisgarh, for the offences punishable under Section 69 of the BNS, is rejected at this stage. 8 Certified copy, as per rules. Sd/- (Parth Prateem Sahu) JUDGE Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.05.21 19:22:09 +0530