1 2026:CGHC:12166 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2381 of 2026 1 - Shiva Banjara S/o Shri Goverdhan Banjara Aged About 27 Years R/o Sagarpali, Police Station- Sagarpali, Distt. Mahasamund (C.G.) 2 - Ajay Yadav S/o Shri Rajesh Yadav Aged About 19 Years R/o Sagarpali, Police Station- Sagarpali, Distt. Mahasamund (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Saraipali, Distt. Mahasamund (C.G.) ... Respondent(s) For Applicant(s) : Mr. Vivek Kumar Shrivastava, Advocate. For Respondent(s) : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.03.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 short ‘BNSS’), for grant of regular bail, as they have been arrested in connection with Crime No. 290/2025, registered at Police Station Saraipali, Distt. Mahasamund (CG) for the offence punishable under Sections 70(1), 296, 115(2), 351(2), 3(5) of BNS. 2. The prosecution story in brief, is that the victim lodged a report at Police Station Saraipali stating that on 11.10.2025 she was alone at her rented accommodation situated at village Sagarpali, as her husband had gone to Baroli, Basna for JCB operation work. At about 3:00 P.M., the present accused/applicants, who belong to her village, allegedly forcibly entered her house, closed the door, used obscene language and thereafter committed forcible sexual intercourse with her one by one. It is further alleged that during the course of the incident, the husband of the victim reached the house and knocked at the door and when the door was not opened, he pushed it open and entered the house. Upon seeing him, the applicants allegedly started abusing and assaulting him and, upon intervention, also assaulted the victim. On the basis of the said report, the concerned Police Station registered the aforesaid offence against the applicants and after completion of the usual investigation, charge-sheet has been filed. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. He further 3 submits that the allegations levelled against the present applicants by the victim, who is a married woman, are not corroborated by the medical report. It is also submitted that though it has been alleged that when the husband of the victim arrived at the spot, the applicants assaulted him and thereafter fled away, but no MLC of the husband has been conducted, only on account of previous enmity, the present applicants have been falsely implicated in the present case. The applicants are in jail since 12.10.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that the applicants allegedly trespassed into the house of the victim, used obscene language and thereafter forcibly committed sexual intercourse with her one by one and as per MLC, there is no opinion of doctor of any sexual assault was made on her. Furthermore, when the husband of the victim reached the spot and entered the house, the applicants abused and assaulted him and also assaulted the victim when she intervened. Therefore, the applicants are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & 4 gravity of the offence, material available in the case dairy and the fact that victim has categorically stated that the present applicants allegedly trespassed into the house of the victim, used obscene language and thereafter forcibly committed sexual intercourse with her one by one, moreover, when the husband of the victim reached the spot and entered the house, the applicants abused and assaulted him and also assaulted the victim when she intervened, as such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. 7. Accordingly, the bail application of applicants-Shiva Banjara and Ajay Yadav, involved in Crime No. 290/2025, registered at Police Station Saraipali, Distt. Mahasamund (CG) for the offence punishable under Sections 70(1), 296, 115(2), 351(2), 3(5) of BNS, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and concluded 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 Akhil