1 2025:CGHC:51955 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8410 of 2025 Jainath Baghel S/o Sukhchand Baghel Aged About 31 Years Caste- Mahra, R/o Village- Bedaumargaon, Awas Para, Kachnar, Police Station- Bastar, District : Bastar, Chhattisgarh ... Applicant versus State of Chhattisgarh Through S.H.O. P.S.- Bastar, District : Bastar, Chhattisgarh ... Non-applicant For Applicant : Mr. Chitendra Singh, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 17.10.2025 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. 79/2025 registered at Police Station : Bastar, District – Bastar (C.G.) for the offence punishable under Sections 64, 352(2) and 127(2) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, in brief, a written complaint was lodged at Police Station Bastar on 12.08.2025 by the victim, stating that she works as a porter and has three children. On 11.08.2025, at about 8:00 a.m., ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.17 20:42:32 +0530 2 she went to work in Chavda’s chilli garden, owned by Jainath Baghel, which had been taken on contract by Chavda. She returned home for lunch at around 1:00 p.m. and, after having lunch, went back to the garden at about 2:00 p.m., where two separate groups were working — in one, four men were working, and in the other, three women were working. At about 3:00 p.m., she felt thirsty and went to a room situated outside the garden to drink water. After drinking water, she went to the manure room to get a rope. At that time, Jainath Baghel allegedly came into the room from behind, closed the door from inside, and when she questioned him about it, he said that he wanted to sleep with her. Despite her resistance, the accused forcibly committed sexual intercourse with her. Thereafter, the accused came out of the room, locked it from outside, and left the place. Later, Jainath Baghel’s father came with the key and opened the door, whereupon the victim’s husband, who was nearby, was informed of the entire incident by the victim. On the basis of the said complaint, Crime No. 79/2025 was registered against the applicant/accused for the alleged offence punishable under Section 64 of the Bharatiya Nyaya Sanhita (BNS), and investigation was initiated. The accused was arrested on 12.08.2025 and produced before the Court of Judicial Magistrate First Class, Jagdalpur, from where he was remanded to judicial custody in the Central Jail, Jagdalpur. After completion of the investigation, the charge-sheet was filed before the Court of Judicial Magistrate First Class, Jagdalpur, for offences punishable under Sections 64, 351(2), and 127(2) of the BNS. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He submits the victim is a major lady, aged about 30 years, who was in a consensual relationship with the applicant/accused. When the husband 3 of the victim came to know about their relationship, she was pressured and compelled to lodge a false complaint against the applicant/accused. He submits that the alleged incident is stated to have occurred during daytime, in or near the chilli garden, where several men and women were working together. The victim/prosecutrix did not raise any alarm or call for help, which by itself makes the prosecution story highly doubtful. He submits that the present applicant has no criminal antecedents and he is in jail since 12.08.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case. He further submits that the present applicant/accused forcefully committed sexually intercourse with the victim, therefore, he is not entitled for grant of regular bail. 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 from perusal of the statement of the victim recorded under Section 183 of the BNSS, it appears that the victim is a married woman having three children. Though the allegation of rape has been levelled against the applicant, as per the MLC report of the victim, except for swelling, no external injuries were found on her body. Also considering the fact that the charge-sheet has been submitted before the competent Court in the present case and the applicant has been in jail since 12.08.2025, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 4 7. Let applicant, Jainath Baghel, involved in Crime No. 79/2025 registered at Police Station : Bastar, District – Bastar (C.G.) for the offence punishable under Sections 64, 352(2) and 127(2) 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 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 5 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 9. 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