1 CGHC010375072026 2026:CGHC:41664 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8985 of 2026 1 - Shiva Banjara S/o Shri Goverdhan Banjara Aged About 27 Years R/o Sagarpali, Police Station - Sagarpali, Distt. Mahasamund (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Saraipali, Distt. Mahasamund (C.G.) ... Non-applicant For Applicant : Mr. Vivek Kumar Shrivastava, Advocate For Non-applicant : Mr. Sourabh Sahu, PL Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 25.09.2026 1) This is the Second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant 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. Earlier first bail application of the applicant bearing MCRC No.2381 of 2026 was rejected on merits vide order dated 13.03.2026. 2) The prosecution story, in brief, is that on 11.10.2025, the victim was 2 alone at her rented accommodation at village Sagarpali, as her husband had gone to Baroli, Basna, for JCB operation work. At about 3:00 P.M., the present applicant, who belongs to the same village, allegedly entered her house forcibly, closed the door, used obscene language, and committed forcible sexual intercourse with her. It is further alleged that when the victim’s husband reached the house and entered after pushing open the door, the applicant abused and assaulted him and also assaulted the victim. On the basis of the report lodged by the victim, the aforesaid offence was registered against the applicant and, after completion of investigation, the charge-sheet has been filed. Hence, the bail application. 3) Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case on account of previous enmity. He further submits that the allegation of forcible sexual intercourse levelled by the victim is not corroborated by the medical report. It is also submitted that earlier first bail application of the applicant was rejected on merits in MCRC No. 2381 of 2026 vide order dated 13.03.2026, and out of 18 witnesses, only one witness has been examined so far. He would further submit that the applicant is 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 present applicant. 4) On the other hand, learned State counsel opposes the bail application and submits that the applicant, along with the co-accused persons, allegedly forcibly entered the house of the victim and committed forcible sexual intercourse with her. She further submits that when the victim’s husband reached the spot and entered the house, the applicant abused and assaulted him and also assaulted the victim when she 3 intervened. She would further submit that the first bail application of the applicant was rejected on merits and there is no substantial change in circumstances warranting reconsideration of the prayer for bail. Therefore, the applicant is not entitled to be enlarged on bail. 5) I have heard learned counsel for the parties and perused the case diary. 6) Having considered the allegations against the present applicant that he, along with the co-accused persons, forcibly entered the house of the victim and committed forcible sexual intercourse with her, and further considering that the first bail application of the applicant was rejected on merits by a detailed order in MCRC No. 2381 of 2026, the present second bail application has been filed mainly on the ground that the applicant is in jail since 12.10.2025 and only one out of 18 witnesses has been examined so far. 7) Considering the nature of allegations levelled against the present applicant and the fact that his first bail application was rejected on merits, I am not inclined to grant bail to the present applicant. Accordingly, the bail application is rejected. Sd/- (Rakesh Mohan Pandey) JUDGE Rekha