Bail Denied: Prima facie case of rape against mentally disabled victim established.

The complainant, mother of the prosecutrix, reported to the police on October 11, 2024, that her mentally ill daughter, who is under treatment by a psychologist, went missing after taking money for a carnival.

The prosecutrix was later found by the applicant near the Durg railway station.

On October 10, the applicant proposed marriage, put sindoor on her forehead, and subsequently had sexual intercourse with her.

Based on this complaint, Crime No. 505/2024 was registered against the applicant under Sections 64 and 115(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023.

The applicant has been in judicial custody since October 12, 2024.

1. Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, given the allegations of sexual assault on a mentally ill victim?

The court considered Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, which pertains to the grant of regular bail.

The court also implicitly considered the principles governing bail applications, which require an assessment of the nature and gravity of the allegations, the mental condition of the victim, and the material collected during the investigation to determine if a prima facie case exists.

The court heard arguments from both sides regarding the bail application.

The applicant's counsel argued that the medical report showed the prosecutrix was physically and mentally fit, contradicting the prosecution's story, and noted that the prosecutrix did not support her mother's statements during cross-examination.

It was further submitted that the applicant has been in custody for over a year and two months, and the trial is likely to take considerable time.

The State Counsel countered that the victim is mentally retarded and specific allegations of rape have been leveled against the applicant.

The victim's statement was recorded under Section 183 of the BNS and before the Trial Court, where she specifically alleged the applicant committed rape.

The court considered the overall facts, the serious nature and gravity of the allegations, particularly that the victim is mentally retarded, and the victim's consistent statement before the competent courts.

The court found that a prima facie case was made out against the applicant based on these factors.

Therefore, the High Court was not inclined to grant regular bail to the applicant at this stage.

The bail application of Mahendra Bandhe for offences under Sections 64 and 115(2) of the BNS 2023 was rejected.