1 2025:CGHC:22097 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3874 of 2025 1 - Vinay Prabhakar Tendulkar @ Vijay Tendulkar S/o Bhajan Das Aged About 34 Years R/o Village Bamhanpuri, Police Station Sarsinva, District Sarangarh-Bilaigarh Chhattisgarh ... Applicant(in jail) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Sarsiwa, District Sarangarh-Bilaigarh Chhattisgarh ... Respondent(s) For Applicant : Mr. Vikram Pratap, Advocate. For Non-applicant : Mr. Ajit Singh, Govt. Advocate. SB: Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.5.2025 1. This is first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (henceforth ‘the BNSS’) for grant of regular bail to the applicant, who is in custody in connection with Crime No.76/2025 registered at Police Station Sarsiwa, District Sarangarh-Bilaigarh(CG) for the offence under Section 64(2)(H), 331(3) & 351(3) of Bharatiya Nyay Sanhita, 2023 NISHA DUBEY Digitally signed by NISHA DUBEY 2 2. Case of the prosecution, in brief, is that, on 15..03.2025 at 4:00 p.m., the applicant forcefully entered into the house of victim and closed the mouth of victim by using Gamchha(cloth) and committed sexual intercourse with her thereafter report was lodged by the victim against the applicant on the next day. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in crime in question. He submits that victim, a married woman, has been carrying pregnancy of five months. Though there is allegation of rape against the applicant but the statement of victim recorded under Section 183 of BNSS transpires that her mother-in-law had seen the applicant along with the victim, therefore, she had lodged the report. He submits that the applicant has been roped in present case due to previous animosity between the family member of victim and the applicant. The doctor who medically examined the victim did not notice any sign of forceful sexual intercourse upon the victim. He submits that two other criminal cases were also registered against the applicant but nothing against the applicant was found. 4. On a query being put to learned State counsel whether any criminal case of similar nature has been registered against the applicant, he replied that no case of similar nature has 3 been registered against the applicant. He however opposed the bail application. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence levelled against the applicants, applicant is in jail since 26.3.2025, he has no criminal antecedent; charge sheet has already been filed, conclusion of trial is likely to take some more time and applicant is not required for further custodial interrogation, without commenting anything on merits of case, I am inclined to allow this application. 7. Let Vinay Prabhakar Tendulkar @ Vijay Tendulkar involved in Crime No.76/2025 registered at Police Station Sarsiwa, District-Sarangarh-Bilaigarh(CG) for the offence punishable under Sections 64(2)(H), 331(3) & 351(3) of B.N.S.of the Bharatiya Nyay Sanhita, 2023, be released on regular bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the trial Court concerned, with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders 4 in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicants is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 5 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 Nisha