1 2025:CGHC:61266 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9240 of 2025 Rajesh Khairwar S/o Bhagreet Singh Aged About 26 Years R/o Village Magaji, P.S Chando, District- Balrampur- Ramanujganj (C.G.) ... Applicant versus State of Chhattisgarh Through S.H.O P.S- Chando, District Balrampur- Ramanujganj (C.G.) ... Non-Applicant For Applicant : Mr. Pawan Shrivastava, Advocate. For Non-Applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.12 .202 5 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 37/2025, registered at Police Station - Chando, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 64(1) and 351(3) of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution, is that, the complainant, filed written complaint at P.S- Chando, inter alia alleging that on 16/07/2025, at about 9-10 p.m., she went outside her house for call of nature, where the applicant/accused caught her, and dragged her into a nearby bush, and committed sexual intercourse with her. On the basis of the said report PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.17 11:05:50 +0530 2 lodged by the complainant, offence under Sections 64 (1), 351(3) of B.N.S, has been registered against the applicant/accused and was arrested on 25.09.2025, and since he is in jail. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submitted that the victim is a married woman and the mother of two children, and that there is enmity between the victim’s family and the applicant. It is stated that about 6–7 years ago, the victim’s father-in-law had lodged a complaint against the applicant and his family members under the Tonhi Pratadna Nivaran Act, and since then, the relations between the two families have become strained. It is further stated that no FIR was registered in that matter, but only a complaint was filed before the competent authority. It is also submitted that, as per the statement of the victim recorded under Section 183 of the BNSS, although an allegation of rape has been leveled, the same is not corroborated by the medical report, as no internal or external injury was found on the person of the victim. Further, the FIR in the present incident was lodged after a delay of 2 months and 10 days, for which no explanation has been given, except that the husband of the victim was at Hyderabad. The applicant has no previous criminal antecedent. The charge-sheet has already been filed in this case, and the applicant has been in jail since 25.09.2025. The trial is likely to take a considerable time for its conclusion; therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application of the applicant. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature 3 and gravity of allegation levelled against the applicant and the fact that no FIR was registered in this matter, but only a complaint was filed before the competent authority, further as per the statement of the victim recorded under Section 183 of the BNSS, although an allegation of rape has been leveled, the same is not corroborated by the medical report, as no internal or external injury was found on the person of the victim, also considering the fact that the FIR in the present incident was lodged after a delay of 2 months and 10 days, for which no explanation has been given, except that the husband of the victim was at Hyderabad, further the applicant has no previous criminal antecedent, the charge-sheet has already been filed in this case, and the applicant has been in jail since 25.09.2025, and conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be granted regular bail in this case. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let applicant - Rajesh Khairwar, respectively involved in Crime No. 37/2025, registered at Police Station - Chando, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 64(1) and 351(3) of Bharatiya 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 4 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 applicants 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/- (Ramesh Sinha) Chief Justice Preeti