1 CGHC010330502026 2026:CGHC:38122 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7889 of 2026 Ajay Yadav S/o Shri Bachhraj Yadav, Aged About 26 Years R/o Akhradand, P.S. Khadgawa, District - Manendragarh - Chirmiri- Bharatpur (C.G.) ... Applicant Versus State Of Chhattisgarh Through Police Station Khadgawa, District - Manendragarh Chirmiri-Bharatpur (C.G.) ... Respondent(s) For Applicant : Mr. Hemant Kumar Agrawal, Advocate. For Respondent-State : Mr. Shubham Bajpai, P.L. HON'BLE MR. RAMESH SINHA, CHIEF JUSTICE ORDER ON BOARD 25.08.2026 1. This is the first 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. 69/2026 registered at SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2026.08.25 16:16:10 +0530 2 Police Station - Khadgawa, District: Manendragarh, Chirmiri- Bharatpur (C.G.), for the offence punishable under Sections 64 (2) (m) and Section 126 (2) of B.N.S. 2. According to the prosecution, on 10.05.2026 at approximately 7:00 A.M., the prosecutrix, who is stated to be mildly mentally unstable, went near the badi adjacent to her house to dispose of goat droppings. At that time, the applicant allegedly called her, gagged her, assaulted her with his hands, dragged her toward a ditch, removed her lower garments, and forcibly raped her. Thereafter, the applicant allegedly confined the prosecutrix at the scene for approximately 1½ to 2 hours and raped her again. Based on a written complaint submitted by the mother of the prosecutrix, an FIR was registered at the Khadgawan Police Station. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent, has been falsely implicated in the present case, and has not committed any offence as alleged. He vehemently argues that while the victim is a slightly mentally challenged girl who was allegedly subjected to rape by the applicant and kept in a ditch, both the Medico-Legal Case (MLC) and Forensic Science Laboratory (FSL) reports are negative. Furthermore, the applicant has no criminal antecedents, and the charge-sheet has already been filed before the competent 3 court. It is also submitted that the applicant has been in custody since 11.05.2026 and since the conclusion of the trial is likely to take some time, he prays for the grant of regular bail to the applicant. 4. Per contra, the learned State counsel has vehemently opposed the grant of regular bail to the applicant by submitting that the offence committed is heinous and grave in nature, involving the rape of a vulnerable, mentally challenged girl. It is submitted that the mere fact that the Medico-Legal Case (MLC) and Forensic Science Laboratory (FSL) reports are negative cannot be a sole ground for acquittal or the grant of bail, as medical evidence is only corroborative and cannot override the direct ocular testimony of the victim. The prosecution emphasizes that the victim, owing to her compromised mental faculties, was uniquely vulnerable and was kept in a ditch, which highlights the brutal and premeditated nature of the crime. The learned State counsel further argues that though the charge-sheet has been filed, the release of the applicant at this stage would pose a severe threat to the safety of the victim and may lead to the tampering of crucial prosecution witnesses. Therefore, keeping in view the gravity of the offense and the vulnerability of the victim, the State prays for the outright rejection of the 4 applicant's bail application. 5. I have heard learned counsel appearing for the parties and perused the material available on record. 6. Having considered the facts and circumstances of the case, the nature and gravity of the allegations, and the material available on record, particularly the fact that the victim is a mentally challenged girl, this Court is of the considered opinion that the applicant does not deserve to be enlarged on regular bail at this stage. The material collected during the course of investigation prima facie indicates the specific role attributed to the applicant in the alleged occurrence. The vulnerability of the victim and the seriousness of the allegations are also relevant considerations while considering the prayer for bail. At this stage, this Court is not required to undertake a detailed appreciation of the evidence or record any finding on the merits of the case. Having regard to the overall facts and circumstances, this Court finds the present case not to be a fit case for grant of regular bail. Accordingly, the bail application is rejected. 7. Accordingly, the bail application of the applicant – Ajay Yadav, involved in Crime No. 69/2026 registered at Police Station - Khadgawa, District: Manendragarh Chirmiri- Bharatpur, (C.G.), for the offence punishable under Sections 5 64 (2) (m) and Section 126 (2) of B.N.S., 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 Saurabh