1 2026:CGHC:20254 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2910 of 2026 • Deepak Kushwaha S/o Vishwanath Kushwaha Aged About 20 Years R/o Village - Johrahi, Police Station Raghunathnagar, District - Balrampur-Ramanujganj Chhattisgarh ... Applicant(s) versus • State of Chhattisgarh Through Station House Officer, Police Chowki Wadafnagar, Police Station - Basantpur District Balrampur- Ramanujganj Chhattisgarh ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Sudhanshu Upadhyay, Advocate For Respondent(s) : Ms. Monika Thakur, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/04/2026 1. This is the First bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.09/2026 registered at Police Chowki – Wadagnagar Police Station- Basantpur, District - Balrampur- Ramanujganj (C.G.), for the offence punishable under Sections 70(1), 3(5) of BNS. 2. The prosecution story in brief, is that on 18.01.2026, the accused VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.01 17:39:14 +0530 2 called the victim on phone at around 6:00 a.m in the morning on the pretext of getting her job and called her Wadafnagar, after that the accused took her to a room and called two of his friend there with liquor and after consumed liquor, accused along with two co-accused persons raped her one by one. The matter was reported to the police station and on the basis of such report, the police registered the aforesaid FIR and arrested the applicant. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He submits that even if the entire prosecution story is accepted as it is, no case is made out against the applicant. He also submits that the applicant has not committed any act which falls within the purview of the offences alleged against them. He submits that the present applicant has no criminal antecedents and he is in jail since 20.01.2026, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State Counsel opposes the bail application of the present applicant, and submits that the prosecution case clearly reveals that the accused persons, in furtherance of a common intention, lured the victim to Wadrafnagar on the false pretext of providing employment, thereby demonstrating premeditated deceit. Upon her arrival, she was taken to a secluded room where the accused, along with his associates consumed liquor and forcibly administered the same to the victim, rendering her vulnerable and incapable of resistance. Thereafter, all three accused persons committed gang rape upon her in a sequential manner, constituting a grave and heinous offence. The FIR was lodged without undue delay, and the victim's statement remains consistent and 3 inspires prima facie confidence. Considering the seriousness of the allegations, the manner of commission of the offence, and the likelihood of the accused influencing witnesses or tampering with evidence if released, no ground for leniency is made out. She further submits that bail application of other co-accused persons have already been rejected by this Court in MCRC No.2522 of 2026 and vide order dated 24.04.2026. Hence, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the aforesaid submissions and upon perusal of the case diary, this Court finds that the allegations against the present applicant is grave and serious in nature, further, the material on record prima facie indicates that the applicant along with other two co-accused, in furtherance of a common intention, lured the victim on the false pretext of employment and thereafter subjected her to sexual assault after rendering her incapable of resistance. The FIR has been lodged promptly and the statement of the victim appears consistent at this stage, lending credibility to the prosecution case. Further, looking to the nature and manner of the offence, as well as the possibility of the applicants influencing witnesses or tampering with evidence if released on bail and bail application of other co- accused persons have already been rejected by this Court in MCRC No.2522 of 2026 and vide order dated 24.04.2026, this Court is not inclined to grant the benefit of regular bail to the applicant. 7. Accordingly, the instant bail application of the applicant namely Deepak Kushwaha, involved in Crime No. 09/2026 registered at Police Chowki – Wadagnagar Police Station- Basantpur, District - 4 Balrampur-Ramanujganj (C.G.), for the offence punishable under Sections 70(1), 3(5) of BNS., is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude 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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali