1 2026:CGHC:20516 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2911 of 2026 Ajay Singh Sarthi S/o Late Jagmohan Aged About 36 Years R/o Village- Devpahri, Police Station- Lemru, District- Korba (Cg ... Applicant versus State Of Chhattisgarh Through Station House Officer-Police Station- Lemru, District- Korba (Cg ... Non-applicant For Applicant : Mr. Kanhaiya Ram Yadav, Advocate For Non-applicant : Mr. Shubham Bajpai, P.L. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.05.2026 1. The applicant has preferred this First Bail Application under Section 483 of B.N.S.S. for grant of regular bail, as he has been arrested in connection with Crime No.25/2025, registered at Police Station- Lemru, District- Korba (C.G) for the offence punishable under Section 70(1), 333, 351(2), 3(5) of BNS, 2023 (corresponding Sections 376D, 452, 506, 34 of IPC, 1860). ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.05.04 17:57:15 +0530 2 2. The prosecution case, in brief, is that on 19.07.2025 at about 11:00 PM, the present applicant along with co-accused allegedly trespassed into the house of the prosecutrix after forcibly breaking open the door and committed forcible sexual assault upon her, while threatening her with dire consequences. The victim reported the incident to the village residents on the following morning and thereafter lodged a written complaint at Police Station Lemru, on the basis of which Crime No. 25/2025 was registered for the offences punishable under the relevant provisions of the Bharatiya Nyaya Sanhita, 2023. During investigation, the prosecutrix was medically examined, however, no external or internal injuries or definite signs of forced sexual assault were found, though sexual assault could not be completely ruled out. Statements of witnesses were recorded, DNA samples were collected and sent for forensic examination, and after completion of investigation, charge-sheet was filed against the accused persons. The matter is presently pending trial before the learned Additional Sessions Judge (F.T.C.), Korba, wherein the prosecutrix has already been examined and has not supported the prosecution case. 3 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and is innocent. It is further submitted that the medical examination of the prosecutrix does not support the prosecution story, as no external or internal injuries or signs of forcible sexual assault were found. It is also contended that the prosecutrix, during her examination before the learned Trial Court, has not supported the case of the prosecution. The applicant is in custody for a considerable period and the trial is likely to take time for its conclusion. Therefore, it is prayed that the applicant be enlarged on bail. 4. On the other hand, learned State counsel opposes the prayer for bail and submits that the applicant is involved in a serious and heinous offence. It is contended that the allegations in the FIR clearly disclose the commission of the offence and the investigation has resulted in filing of charge-sheet. It is further submitted that merely because the prosecutrix has not supported the case during trial or due to absence of injuries in medical report, the gravity of the offence cannot be overlooked. Therefore, the applicant is not entitled to be released on bail. 4 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, particularly the serious nature and gravity of the allegation of gang rape levelled against the applicant, though it is true that the victim has turned hostile during the course of trial and, however, her statement recorded under Section 183 of the BNSS contains specific allegations against the applicant. The trial is already in progress, wherein out of 13 witnesses, 3 witnesses have been examined, and at this stage, it would not be appropriate to appreciate the evidence in detail. Further, considering the manner in which the offence is alleged to have been committed, this Court is of the opinion that no case for grant of bail is made out, despite the fact that the applicant is in custody since 21.07.2025, the charge-sheet has been filed and he has no criminal antecedents. Accordingly, the bail application is liable to be rejected. 7. Accordingly, the bail application of the applicant – Ajay Singh Sarthi, involved in Crime No.25/2025, registered at Police Station- Lemru, District- Korba (C.G) for the offence punishable under Section 70(1), 333, 351(2), 3(5) of BNS, 2023 5 (corresponding Sections 376D, 452, 506, 34 of IPC, 1860), is rejected. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of four months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 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 Arpan