1 2026:CGHC:12126 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 714 of 2026 Mahendra Bandhe S/o Ramdas Satnami (Bandhe) Aged About 28 Years R/o- Sikola Basti Ward No. 15 P.S- Mohan Nagar Distt- Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Mohan Nagar, Distt- Durg (C.G.) ...Non-applicant For Applicant : Mr. Adarsh Rajput, Advocate For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 13.03.2026 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. 505/2024 registered at Police Station - Mohan Nagar, District Durg (C.G.), for the offences punishable under Sections 64, 115(2) of the BNS 2023. 2. The prosecution story, in brief, is that on 11.10.2024 the complainant VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.03.16 11:40:05 +0530 2 who is mother of the prosecutrix reported to the police that her daughter (prosecutrix) is mentally ill and she is not capable enough to judge right and wrong by her own and she is under treatment by Psychologist Dr. Promod Gupta, on 09.10.2024 the prosecutrix took some money from her mother for visiting mela (carnival) but she went to Durg and was wondering around the railway station where the applicant met her and on 10.10. proposed her for marriage on which prosecutrix went to the house of applicant along with him, if was further alleged that the applicant put sindoor on forehead of the prosecutrix is thereafter had sexual intercourse. The police on complaint of the mother registered Crime 505/2024 for offence 0/s 64 and 115(2) of B.N.5, 2023. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in this offence. A bare perusal of the medical report clearly reveals that the prosecutrix was found physically and mentally fit and the report does not support the prosecution story. It is further submitted that five are in total 19 prosecution witnesses, out of which only three witnesses have been examined till date, and therefore there is a high likelihood of delay in the examination of the remaining witnesses; copies of the depositions of P.W.-1, P.W.-2 and P.W.-3 have been filed as Annexure A/4. It is also submitted that during her cross-examination the prosecutrix has not supported the statements made by the complainant, i.e., her mother. The applicant is about 28 years of age and has been in judicial custody for more than one year and two months since 12.10.2024, while the trial is still pending and likely to take considerable time to conclude. In such circumstances, continued 3 detention of the applicant would not be justified. The applicant undertakes to abide by all such terms and conditions as may be imposed by this Hon’ble Court while granting bail. 4. On the other hand, learned State Counsel has opposed the bail application and submitted that the charge-sheet has already been filed in the present case. It is further submitted that the victim is mentally retarded and specific allegations have been levelled against the accused and the co-accused for committing rape upon her. Her statement has been recorded under Section 183 of the BNS as well as before the Trial Court during the course of trial, wherein she has specifically alleged that the present applicant committed rape upon her. In view of the serious nature and gravity of the allegations and the statement of the victim recorded before the competent Court, learned State Counsel submits that the applicant is not entitled to the grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the material available on record, this Court finds that the allegations against the present applicant is of a serious nature. It has been alleged that the victim is mentally retarded and specific allegations have been levelled against the accused as well as the co- accused for committing rape upon her. The statement of the victim has been recorded under Section 183 of the BNS and she has also been examined before the Trial Court during the course of trial, 4 wherein she has specifically alleged that the present applicant committed rape upon her. Considering the serious nature and gravity of the allegations, the mental condition of the victim, and the material collected during the course of investigation, this Court is of the considered view that a prima facie case is made out against the present applicant. Therefore, at this stage, this Court is not inclined to extend the benefit of regular bail to the applicant. 7. Accordingly, the bail application of applicant - Mahendra Bandhe involved in Crime No. 505/2024 registered at Police Station - Mohan Nagar, District Durg (C.G.), for the offences punishable under Sections 64, 115(2) of the BNS 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice Vaibhav