1 2025:CGHC:38410 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6092 of 2025 Laxman Patel S/o Ghasiram Patel Aged About 32 Years R/o Village Gopalpur, Police Station And Tehsil Baramkela District- Sarangarh- Bilaigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Baramkela, District- Sarangarh- Bilaigarh (C.G.) ... Respondent For Applicant : Shri Sanjay Agrawal, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/08/2025 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.40/2025 registered at Police Station Baramkela, District-Sarangarh- Bilaigarh (C.G.) for the offence punishable under Sections 332(B), 64(2)(m), 351(2), 296 of BNS. 2. Case of the prosecution, in brief, is that the prosecutrix lodged an FIR at police station Baramkela on 13.04.2025 that the applicant was GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.06 19:13:47 +0530 2 committing forceful sexual intercourse with her since 05/12/2024, whereby on 13/04/2025 the husband of the prosecutrix and her in laws caught the applicant and the prosecutrix with each other and thereafter the present crime was registered against the present applicant. 3. It has been argued by learned counsel for the applicant that the victim who is a married woman as per the statement goes to show that she was a consenting party, the applicant is in jail since 08/05/2025, charge sheet has been filed and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submitted that as per the statement of the victim recorded under Section 183 BNS goes to show that she was exploited by the applicant time and again for sexual purpose and when she resisted she was threatened that the said fact will be disclosed to her family member and her husband and another case has also been registered against the applicant under Section 306 IPC whereby the husband of the victim/complainant had committed suicide. It is stated that the present case has been registered after the case was registered against the applicant under Section 306 IPC whereby the deceased who was the husband of the victim had committed suicide and dying declaration was recorded by the Executive Magistrate on 17/01/2025 in the said case wherein the deceased had given statement that the applicant had stated that he had established sexual intercourse with his wife on account of which he should commit suicide, hence he committed suicide. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Considering the facts and circumstances of the case and also considering the fact that as per the statement of the victim recorded under Section 183 BNS goes to show that she was exploited by the applicant time and again for sexual purpose and when she resisted she was threatened that the said fact will be disclosed to her family member and her husband and another case has also been registered against the applicant under Section 306 IPC whereby the husband of the victim/complainant had committed suicide and dying declaration was recorded by the Executive Magistrate on 17/01/2025 in the said case wherein the deceased had given statement that the applicant had stated that he had established sexual intercourse with his wife on account of which he should commit suicide, hence he committed suicide, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant Laxman Patel involved in Crime No.40/2025 registered at Police Station Baramkela, District- Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 332(B), 64(2)(m), 351(2), 296 of BNS, is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri