1 CGHC010210092026 2026:CGHC:28645 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4991 of 2026 • Iswar Bhaskar S/o- Aajooram Bhaskar, Aged About 40 Years R/o- Village- Makari, Police Station- Kunda, District- Kabirdham (C.G.) ... Applicant Versus • State of Chhattisgarh Through- The Station House Officer, Police Station- Mahila Police Station, Kabirdham, District- Kabirdham (C.G.) ... Respondent(s) For Applicant(s) : Mr. Paras Mani Shriwas, Advocate. For Non-Applicant(s) : Mr. Sumit Singh, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/07/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.45/2025 registered at Police Station Mahila Distt.- Kabirdham (C.G.), for the offence punishable under Sections 64(1), 64(2)(h), 64(2)(i), 64(2)(k) & 332(b) the BNS. 2. As per the prosecution story in brief is that on dated 25.10.2025, Husband of the Victim had made written Complaint at Mahila Police Station, Kabirdham, District- Kabirdham (C.G.) and stating that on dated 25.10.2025 at about 11.00-11.30 O'clock his wife was alone in VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.07.10 18:46:46 +0530 2 their house meanwhile applicant entered in the house and committed forcefully sexual intercourse with her, thereafter run away from there. On the basis of said written complaint, Crime has been registered against the applicant and he subsequently been arrested on dated 31.10.2025. 3. Learned counsel for the applicant submits that though the allegation of rape has been leveled against the applicant, but the medical evidence available on record doesn’t support the same. It has been further submitted that the victim has been examined by the trial Court as per her cross-examination there is previous enmity between her family and the family of the applicant. Hence, the applicant be enlarged on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the applicant has committed rape with the victim, who is a deaf and dumb woman and the trial is in progress and excluding victim two other witnesses have also been examined, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the case diary, it transpires that the applicant, who is aged about 40 years firstly entered into the house of the victim when she was all alone and thereafter committed rape with her and said fact was also reiterated by her in her statement recorded before the trial Court and further the victim is a deaf and dumb woman and the trial is in progress. As such, I am not inclined to enlarge the applicant on bail. 3 7. Accordingly, the bail application of the applicant- Iswar Bhaskar, involved in Crime No.45/2025 registered at Police Station Mahila Distt.- Kabirdham (C.G.), for the offence punishable under Sections 64(1), 64(2)(h), 64(2)(i), 64(2)(k) & 332(b) the BNS, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice vaishali