1 CGHC010239392026 2026:CGHC:32325 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6494 of 2026 Deepak Kushwaha S/o Vishwanath Kushwaha, Aged About 20 Years R/o Village - Johrahi, Police Station Raghunathnagar, District - Balrampur- Ramanujganj (C.G.). ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Chowki- Wadafnagar, Police Station - Basntpur District - Balrampur - Ramanujganj (C.G.) ... Non-applicant(s) For Applicant : Mr. Sudhanshu Upadhyay, Advocate along with Sangeet Kumar Kushwaha, Advocate. For Non-applicant : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/07/2026 1. This is the Second bail application filed under Section 483 of the BNSS, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 09/2026 registered at Police Station- Basantpur, District- Balrampur-Ramanujganj (C.G.), for the offence punishable under Sections 70(1) and 3(5) of BNS. 2. The earlier first bail application of the applicant being MCRC No. 2910/2026 was rejected by this Court vide order dated 30.04.2026, on merits. Hence this Second bail application. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 3. Case of the prosecution, in brief is that on 18.01.2026, the applicant/accused called the victim on phone at around 6:00 am in the morning on the pretext of getting her job and called her Wadafnagar, after that the applicant/accused took her to a room and called two of his friend there with liquor and after consumed liquor, accused/applicant along with two co-accused persons raped her one by one. Thereafter, upon such basis, the matter was reported to the police station and the police registered the aforesaid offence and arrested the applicant. 4. Learned counsel for the applicant submits that the first bail application of the applicant was dismissed on merits by this Court and therefore, the present is the second bail application filed on the basis of a subsequent change in circumstances. He submits that the applicant is innocent and has been falsely implicated in the present case and has not established any physical relationship with the victim on the pretext of marriage. It is further submitted that no prima facie case is made out against the applicant for the offences alleged. It is further submitted that the applicant is a second-year B.A. student studying at Durgawati College. He also submits that the victim is a 38-year-old married woman having two children and that the co-accused, Ravichandra, had deceitfully taken the applicant to Wadrafnagar and falsely implicated him in the present case. It is further submitted that during the course of trial, the victim as well as two other prosecution witnesses have already been examined and significantly, the victim has not supported the case of the prosecution. On the strength of the aforesaid subsequent 3 development, it is prayed that the applicant be enlarged on bail. 5. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the first bail application of the present applicant has already been rejected on merits by this Court and there is no substantial change in circumstances warranting reconsideration of the prayer for bail. She further submits that although the victim has been examined during trial, the allegations against the present applicant are grave in nature and there is sufficient material collected during investigation to prima facie establish his involvement in the commission of the offence. She also submits that the bail applications of the co-accused persons have already been rejected by this Court in MCRC No. 2522/2026 vide order dated 24.04.2026 and in MCRC No. 5963/2026 vide order dated 07.07.2026, and the case of the present applicant is not distinguishable from that of the co-accused. It is, therefore, prayed that the present second bail application deserves to be rejected. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the aforesaid submissions, perusing the case diary as well as the evidence recorded during trial and taking into consideration the fact that the first bail application of the present applicant was dismissed on merits by this Court, this Court finds that no substantial change in circumstances has been brought on record so as to warrant reconsideration of the prayer for grant of bail. Merely because the victim has not fully supported the prosecution case during her examination before the trial Court, by 4 itself, cannot be a decisive ground to enlarge the applicant on bail at this stage, particularly when the testimony of the victim is yet to be appreciated by the trial Court in the light of the entire evidence available on record. Further, having regard to the nature and gravity of the allegations, the material collected during investigation prima facie indicating the involvement of the present applicant and also considering that the bail applications of the co-accused persons have already been rejected by this Court in MCRC No. 2522/2026 vide order dated 24.04.2026 and MCRC No. 5963/2026 vide order dated 07.07.2026, the case of the present applicant is not distinguishable from that of the co-accused. In such circumstances, this Court is not inclined to extend the benefit of regular bail to the applicant. 8. Accordingly, the second bail application of the applicant- Deepak Kushwaha, involved in Crime No. 09/2026 registered at Police Station- Basantpur, District- Balrampur-Ramanujganj (C.G.), for the offence punishable under Sections 70(1) and 3(5) of BNS, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd Sd/- (Ramesh Sinha) Chief Justice Kunal