The court rejected the bail application due to the serious nature of the rape allegation, specifically the midnight entry into the victim's house, which indicated the absence of a consensual relationship.

Order On Board

1) The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 367/2026 registered at Police Station, Ratanpur, District Bilaspur (C.G.) for the offence under Section 64(1) of BNS.

2) As per the prosecution story, on the date of the incident, while the prosecutrix was sleeping in the open premises of her house, in the absence of her husband, at about 2:00 a.m., the present applicant allegedly entered the premises and forcefully committed sexual intercourse with her without her consent by gagging her mouth and holding her hands. Thereafter, he fled from the spot. On the basis of the complaint lodged by the prosecutrix, the offence has been registered against the present applicant. Hence, the present bail application.

3) Learned counsel appearing for the applicant would submit that the applicant has been falsely implicated in the present case. He would submit that the allegations made against the applicant are not supported by the material available on record. He would further submit that the applicant is in jail since 11.07.2026 and is ready and willing to cooperate with the trial. He would also submit that the trial is likely to take considerable time. Hence, he would pray for grant of bail to the applicant.

4) Per contra, learned State counsel would oppose the bail application and submit that the allegations against the present applicant are serious in nature. She would submit that the applicant entered the house of the prosecutrix during the midnight and committed rape upon her. She would further submit that the allegations do not disclose a case of consensual relationship between the applicant and the prosecutrix. Therefore, the applicant is not entitled to grant of bail.

5) I have heard learned counsel for the parties and perused the case diary.

6) Having considered the submissions advanced by learned counsel for the parties, the nature of the allegations and the material available on record, particularly the allegation that the present applicant entered the house of the prosecutrix during the midnight and committed rape upon her, this Court is of the considered opinion that the present case cannot, at this stage, be treated as a case involving a consensual relationship between the applicant and the prosecutrix. The allegation is specifically that the applicant entered the house of the prosecutrix and committed the alleged offence during the night. Considering the aforesaid facts and circumstances, without expressing any opinion on the merits of the case, I am not inclined to grant bail to the present applicant. Accordingly, the bail application is rejected.