1 2025:CGHC:52741 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8557 of 2025 Kartal Singh Mouwar S/o Tamod @ Fode Mouwar Aged About 50 Years R/o Village Kuli, Aamapara, Police Station - Seepat, District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Seepat, District- Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Vikas Shrivastava, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 137/2025, registered at Police Station - Seepat, District- Bilaspur (C.G.) for the offence punishable under Sections 64 and 332 of Bharartiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that the complainant lodged a written complaint on 07.03.2024, against the applicant, alleging that PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.30 10:45:40 +0530 2 on 05.03.2024, at about 12:00 pm and again on the same day at 09:00 pm, the applicant had entered her house without her consent and raped her. Based on this, FIR No. 137/2024 was registered, and the case was taken up for investigation. After due investigation, a final report was filed. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that a specific allegation of rape has been levelled by the victim, who is a woman aged about 75 years and the said allegation is not corroborated by the medical evidence. It is further contended that due to previous animosity, the victim has lodged the FIR against the applicant. It is also submitted that the applicant has no previous criminal antecedents and that the charge-sheet has already been filed in this case. The applicant has been in judicial custody since 07.03.2025, and the conclusion of the trial is likely to take a considerable amount of time. Therefore, it is prayed that the applicant be granted regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has already been filed in the present case. It is further submitted that the applicant entered the complainant’s house without her consent and raped her. Therefore, the applicant is not entitled to the grant of regular bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations made against the applicant, and the fact 3 that a specific allegation of rape has been levelled by the victim, who is a woman aged about 75 years, it is observed that the said allegation is not corroborated by the medical evidence, further considering the fact that due to previous animosity, the victim has lodged the FIR against the applicant, the applicant has no previous criminal antecedents, the charge sheet has already been filed in the present case, the applicant has been in custody since 07.03.2025, and the conclusion of the trial is likely to take a considerable amount of time, this Court is of the view that the applicant is entitled to be released on bail. 7. Accordingly, the bail application is allowed. Let the applicant - Kartal Singh Mouwar involved in Crime No. 137/2025, registered at Police Station - Seepat, District- Bilaspur (C.G.) for the offence punishable under Sections 64 and 332 of Bharartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like sum 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 4 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 for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Preeti