1 2025:CGHC:39853 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6278 of 2025 Rajesh S/o Bharatlal Aged About 20 Years Caste- Bhuiya, R/o Village- Bhediya (Bhuiyapara), Chowki-Rewati, P.S.- Chadora, District : Surajpur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Chowki- Rewati, Police Station- Chandora, District : Surajpur, Chhattisgarh ... Non-applicant For Applicant : Mr. D.N. Prajapati, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.08.2025 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. 28/2025 registered at Police Chowki Rewati, Police Station Chandora, District – Surajpur (C.G.) for the offence punishable under Sections 296, 64(1), 351(3) and Section 332(B) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story in brief, on 19.04.2025, the victim lodged a written report at Police Chowki Rewati Outpost, P.S. Chandora, stating that on 14.04.2025 at around 10:00 P.M., when she reached near her parents’ house, the applicant saw her, approached her, and dragged her by the scarf (saafi) around her neck. He then tied her mouth, lifted her, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.08 20:17:10 +0530 2 and threw her onto a cot, due to which she sustained injuries. While holding her hands and arms, he forcefully committed sexual intercourse with her for approximately two hours. Based on the said report of the victim, P.S. Chandora registered the alleged offences. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that as per the prosecution's case, the date of occurrence is 14.04.2025, and the written complaint was lodged on 19.04.2025, which is a significant unexplained delay. He further submits that as per the prosecution's case, the age of the applicant is 20 years and the age of the victim is 25 years, she is a young married lady, and without her consent, it is not possible for the alleged offence to have been committed. He also submits that present applicant has no criminal antecedents and he is in jail since 23.04.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. He further submits that the applicant allegedly dragged the victim and forcefully raped her, therefore, the applicant is not entitled to the grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and further the fact that though the allegation against the present applicant is that he forcefully committed rape with the victim, the same does not reflect from medical reports reports of the 3 victim, moreover, the charge - sheet has already been submitted before the competent Court in the present case and the applicant is in jail since 23.04.2025, trial is likely to take sometime for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Rajesh, involved in Crime No. 28/2025 registered at Police Chowki Rewati, Police Station Chandora, District – Surajpur (C.G.) for the offence punishable under Sections 296, 64(1), 351(3) and Section 332(B) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a 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 4 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 Abhishek