1 CGHC010246402026 2026:CGHC:27981 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1042 of 2026 1 - Chhattar Rajwade S/o Bhagan Ram Rajwade Aged About 22 Years R/o Village Salka, Post Dedri, P.S. Surajpur, District Surajpur Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Surajpur, District Surajpur Chhattisgarh ... Respondent For Applicant : Mr. Shakti Raj Sinha, Advocate. For Non-Applicant/State : Mr. Shalin Singh Baghel, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.07.2026 1. This is the second bail application filed under Section 182 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection 2 with Crime No. 38/2025 registered at Police Station Surajpur, District Surajpur, (C.G.), for the offence punishable under Sections 70(1), 115(2) and 351(2) of the Indian Penal Code. 2. The earlier anticipatory bail application of the applicant has been rejected by this Hon’ble Court vide order dated 17.03.2025 passed in MCRCA No. 365 of 2025 on merits. 3. The prosecution case, in brief, is that on 15.01.2025, at about 7:00 p.m., the victim had gone to the Kumeli Ghat Mela with her friends, where she met the present applicant and the co-accused persons. It is alleged that the victim asked co-accused Budheswar to drop her at Manichauk, where she had parked her scooty. However, instead of taking her to Manichauk, the accused persons allegedly took her to the Primary School at Village Salka Rajvaripara, where co-accused Budheswar and Vinod committed rape upon her while the present applicant allegedly remained present at the spot. Thereafter, the accused persons dropped the victim at Manichauk, where she had left her scooty. On the basis of these allegations, the FIR has been registered against the applicant. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that this is the second bail application of the present applicant, and after rejection of first anticipatory bail application of the applicant, during the course of trial, the victim (PW-1) was examined and 3 she turned hostile & co-accused persons have already been granted bail by the learned Trial Court. The copy of deposition annexed herein as Annexure A/4. Therefore, the second anticipatory bail application of the applicant may be allowed. 5. Learned counsel appearing for the State/non-applicant would oppose the bail application of the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts that the first anticipatory bail of the applicant was rejected on merit vide order dated 17.03.2025, the present being the case of gan rape in which the victim suffered injuries, this Court is of the view that merely because the victim has turned hostile, which further goes to show that the applicant indulged in tampering with the evidence, further the same cannot be a ground for releasing the applicant on bail. Therefore, this Court is not inclined to grant anticipatory bail to the present applicant. 8. Accordingly, the second anticipatory bail application of the applicant – Chhattar Rajwade, involved in Crime No. 38/2025 registered at Police Station Surajpur, District Surajpur (C.G.), for the offence punishable under Sections 70(1), 115(2) and 351(2) of the Bhartiya Nyaya Sanhita, 2023, is rejected. - Sd/- (Ramesh Sinha) Chief Justice pekde Digitally signed by VIJAY BHARATRAO PEKDE Date: 2026.07.08 16:35:48 +0530