1 2025:CGHC:46390 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7211 of 2025 Santosh Gautam @ Santosh Kumar S/o Vijay Kumar Aged About 26 Years R/o Pipardih P.S. Nagar, Utari, District- Gadhwa, (Jharkhand) ... Applicant(s) versus State Of Chhattisgarh Through S.H.O. P.S. Basantpur, District - Balrampur- Ramanujganj (C.G.) ... Respondent(s) For Applicant(s) : Mr. Pushkar Sinha, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.09.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 118/2025, registered at Police Station Basantpur, District - Balrampur- Ramanujganj (CG) for the offence punishable under Sections 351(2), 64 of Bharatiya Nyaya Sanhita (for short ‘BNS’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. The prosecution story in brief, is that the complainant/alleged victim reported that on 23.05.2025, the applicant/ accused, identified as Santosh Gautam, allegedly contacted her over the phone, introducing himself as "Ajit" and stated he was coming to deliver a wedding invitation card. When he arrived in person, the complainant recognized him as Santosh and questioned why he had given a false name. The accused allegedly told her to refer to him as "Ajit," claiming to be a relative, and stated that he would stay for the night and leave after distributing the cards. The complainant stated that she served him dinner and asked him to sleep in a separate room while she went to sleep with her children. Later that night, around 11 PM, the accused allegedly entered her room, made advances, and upon her resistance, threatened her and her children with harm. It is further alleged that he forcibly took her to another room and committed a sexual assault. Based on this report, a case was registered under Sections 351(2) and 64 of the Bharatiya Nyaya Sanhita, 2023 and subsequently, the applicant was arrested on 20.06.2025. Hence, the bail application. 3. The applicant has been falsely implicated in the present case, despite never having committed any offence against the victim, who is a married woman and was voluntarily in contact with the applicant even after her marriage. The applicant resides over 100 kilometers away from the victim’s residence and was not present 3 at the alleged location on the date of the incident. The victim is a major, and if any physical relationship occurred, it was with her consent. There is also an unexplained delay in lodging the FIR, and the medical evidence does not support the prosecution’s version. The applicant, aged 26 years, has been in custody for a considerable period. He is the sole earning member of his family, which includes aged parents who are now facing severe financial hardship. No useful purpose would be served by keeping the applicant in continued judicial custody, especially when no custodial interrogation is required. The applicant is in jail since 20.06.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that the applicant is alleged to have committed sexual assault on victim, further the victim in her statement recorded under Section 183 of Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS’), the victim has categorically stated the act of applicant, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy it prima 4 facie appears that the applicant is alleged to have committed sexual assault on victim, the said fact is also corroborated from the statement of victim recorded under Section 183 of BNSS, as such, 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-Santosh Gautam @ Santosh Kumar, involved in Crime No. 118/2025, registered at Police Station Basantpur, District - Balrampur- Ramanujganj (CG) for the offence punishable under Sections 351(2), 64 of BNS, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and concluded the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil