1 CGHC010278892026 2026:CGHC:36078 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7178 of 2026 Dilip Sidar S/o Kanhaiya Sidar Aged About 29 Years R/o Ward No. 11 At Village - Bhursidiha, Police Station - Baradwar, District - Sakti. (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station – Baradwar, District -Sakti (C.G.) ...Non-applicant For Applicant : Mr. Santosh Kumar Dubey, Advocate. For Non-Applicant/State : Ms. Nupur Trivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 13.08.2026 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. 47/2026 registered at Police Station – Baradwar, District - Sakti,(C.G.), for the offences punishable under Sections 70(1) & 332(B) of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.14 10:59:47 +0530 2 2. As per the prosecution case, the complainant, a resident of Village Bhursidih and a daily wage labourer, lodged a report at Police Station Baradwar stating that her daughter (victim), aged about 23 years, is mentally weak and generally remains quiet. On 05.02.2026 at about 07:30 a.m., the complainant noticed that the victim’s abdomen appeared enlarged and, upon repeated questioning, the victim disclosed that on 18.10.2025 at about 02:30 p.m., when the family members were away and she was alone at home, the present applicant Ashok Kumar Chauhan @ Chandu, along with co-accused Dilip Sidar, forcibly established physical relations with her and committed rape. It is alleged that due to fear and her mental condition, the victim did not disclose the incident to anyone earlier. After discussing the matter with family members, the complainant submitted a written report seeking legal action against the applicant and co-accused. On the basis of the said report, FIR No. 47/2026 was registered at Police Station Baradwar for offences punishable under Sections 70(1) and 332(B) of the BNS, and the present applicant was arrested on 05.02.2026. The matter was thereafter taken up for investigation. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. The victim has stated that co-accused Dilip Sidar did not commit any misconduct with her, which raises doubt regarding the prosecution version. It is further submitted that the alleged 3 incident is stated to have occurred on 18.10.2025, whereas the FIR was lodged only on 05.02.2026, after a considerable delay, and no satisfactory explanation for such delay is forthcoming. The applicant has neither committed nor participated in any act constituting the alleged offence, and the material collected during investigation is not prima facie sufficient to establish his involvement. It is further submitted that the applicant had gone to Rajasthan in August 2025 along with his father, Kanhaiya Sidar, for making bricks and returned only on 05.02.2026, and has been falsely implicated in the present case. The applicant has remained in judicial custody since 06.02.2026, and the trial is likely to take considerable time for its conclusion. The applicant is a permanent resident of the address mentioned in the cause title, and there is no likelihood of his absconding or tampering with the prosecution witnesses. Therefore, considering the period of detention and the facts and circumstances of the case, the applicant may kindly be enlarged on regular bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the allegations against the applicant are serious and grave in nature. It is submitted that the victim is a mentally challenged/mentally weak person and is alleged to have been subjected to forcible sexual relations by the applicant along with the co-accused. The statement of the victim recorded under Section 183 of the BNSS, 2023, prima facie supports the prosecution case and indicates the involvement of the applicant 4 in the alleged offence. It is further submitted that the victim is a material witness and, considering her mental condition, the possibility of her being influenced or pressurised cannot be ruled out. The defence submissions regarding the delay in lodging the FIR and false implication are matters to be considered during the course of trial. Therefore, considering the nature and gravity of the offence and the material available on record, learned State Counsel submits that the applicant is not entitled to the benefit 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 offence alleged against the applicant, and the material collected during investigation, including the statement of the victim recorded under Section 183 of the BNSS, 2023, this Court finds that there are serious allegations against the applicant of forcibly establishing physical relations with the victim along with the co-accused. The victim is stated to be mentally challenged and has specifically disclosed the alleged incident, and her statement recorded under Section 183 of the BNSS, 2023 prima facie supports the prosecution case. The delay in reporting the incident and the defence plea of false implication are matters which require appreciation of evidence during trial and cannot be conclusively considered at this stage. The allegations against the applicant are grave and serious in 5 nature, and the victim, being a mentally challenged person, is a material witness in the case. Therefore, considering the nature of the allegations, the mental condition of the victim, her statement recorded under Section 183 of the BNSS, 2023,and the prima facie material available on record, this Court is not inclined to grant the benefit of regular bail to the applicant. Accordingly, the bail application is rejected. 7. Accordingly, the bail application of the applicant – Dilip Sidar, filed under Section 483 of the BNSS, involved in Crime No. 47/2026 registered at Police Station – Baradwar, District - Sakti, (C.G.), for the offences punishable under Sections 70(1) & 332(B) of the BNS, is rejected. 8. 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 Vaibhav