1 2025:CGHC:38856 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6131 of 2025 Kothala Bada S/o Ramsay, Aged About 40 Years R/o Village Sapalwa, Chowki Chaitma, Thana Pali, District Korba (C.G.)) ...Applicant versus State Of Chhattisgarh Through - Police Station - Pali, District Korba (C.G.)) ... Non-applicant For Applicant : Mr. Vikas Pandey, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.08.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 151/2025 registered at Police Station : Pali District – Korba (C.G.) for the offence punishable under Sections 296,115(2),64(1) and 351(2) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that on 22/04/25 the prosecutrix has lodged written report against the applicant stating that the applicant VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.06 10:43:58 +0530 2 has committed sexual intercourse with her on 08/04/25 at about 1.30 pm at open place near river side thereafter on next day on 09/04/25 at about 9.00 am the applicant has again committed sexual intercourse with her in his house. Thereafter the police station Pali District Korba has registered Crime No. 151/2025 against the applicant and investigated the matter and arrested the applicant for aforesaid offences. 3. The applicant, an innocent person falsely implicated in the present case, has no connection with the alleged offence. He is a 40-year-old man from a well-reputed family and has been in jail since 22.04.2025, where continued detention among hardened criminals may irreparably harm his life. The prosecutrix, a widow and relative of the applicant, allegedly lodged a false report after a 13-day delay due to a land dispute. The incident is claimed to have occurred in circumstances that make its occurrence implausible, such as in public during the day or in the applicant’s home where his parents were present. Furthermore, the prosecutrix did not clearly allege any sexual act by the applicant in her statements, and the medical report shows no signs of injury. The investigation is complete, and the charge sheet has been filed. It is asserted that the report was lodged to harass the applicant and extort money related to property. The applicant is a permanent resident with no risk of absconding or tampering with evidence and reserves the right to raise additional grounds during the hearing, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application 3 of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the present case, the nature and gravity of the alleged offence, and the fact that the prosecutrix, who is the sister-in-law of the applicant, has levelled allegations of rape against him on two separate occasions, it is pertinent to note that the medical examination report does not corroborate the allegations. The report clearly states that there are no external or internal injuries on the prosecutrix. Furthermore, the FSL report has also returned negative, indicating the absence of any forensic evidence supporting the occurrence of the alleged incident. It is also relevant that some residents have witnessed the applicant and the prosecutrix together, which raises questions regarding the veracity of the prosecutrix's version of events. The investigation has been completed, and the charge sheet has already been submitted before the competent court and the applicant has been in judicial custody since 22.04.2025, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Kothala Bada involved in Crime No.151/2025 registered at Police Station : Pali District – Korba (C.G.) for the offence punishable under Sections 296,115(2),64(1) and 351(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a 4 personal bond with two sureties in the like amount to the satisfaction of the 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 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 him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails 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 applicant 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. Office is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice vaibhav