1 2026:CGHC:1088 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 91 of 2026 • Ajay Agariya S/o Sadhuram Agariya Aged About 20 Years Resident Of Village- Tolge, Police Station And Tahsil- Lailunga, District- Raigarh (C.G.) ... Applicant versus • State of Chhattisgarh Through- Station House Officer, Police Station, Lailunga, District- Raigarh (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Goutam Khetrapal, Advocate For Respondent/State : Mr. Nitansh jaiswal, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/01/2026 1. This is 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.293/2025 registered at Police Station-Lailunga, District - Raigarh (C.G.), for the offence punishable under Sections 70(1), 138 of BNS, 2023. 2. The prosecution story in brief, is that on 07.11.2025, the prosecutrix lodged report at concerned police station alleging therein that on 06.11.2025 at around 12.00 p.m she along with her friend and her 2 two brothers went to Pahadludeg by motorcycle for enjoyment of drama, from where they returning at around 2:00 in night and when they reached Dam Gate, they stopped by four persons came by motorcycle and they assaulted with the brothers of the prosecutrix, due to which the brothers of prosecutrix run away and the said accused persons took the prosecutrix and her friend in lonely place and the accused has committed forcefully sexual intercourse with the proseuctrix and thereafter left the prosecutrix and her friend at Jambahar Basti. On the basis of said report the alleged offences have been registered against the applicant and three other co-accused persons. 3. Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the present case. He also submits that the allegation levelled against the applicant that on the date of incident he along with other three co-accused persons committed rape with the prosecutrix and left them at Jambahar Basti. He further submits that applicant is a young boy and his pre-trial long detention will adversely affect his future and conclusion of trial will take considerable time, therefore he prays for bail to the applicant. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the charge-sheet has been filed in the present case and as per statement recorded under Section 183 of BNSS, which goes to show that applicant along with other three co- accused persons committed rape with prosecutrix. He further submits that MLC reports also positive, Hence, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Taking into consideration the fact and circumstances of the case, submissions made by learned counsel for the parties, allegation levelled against the applicant, material available on record, MLC report and also considering the statement of 183 of BNSS of the prosecutrix, looking to the seriousness of crime, thus this Court is of the view that it is not a fit case to release the applicant on bail. 7. Accordingly, the Third bail application of the applicant namely Ajay Agariya involved in Crime No.293/2025 registered at Police Station- Lailunga, District - Raigarh (C.G.), for the offence punishable under Sections 70(1), 138 of BNS, 2023, is rejected at this stage. 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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali