1 2026:CGHC:19993 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3937 of 2026 • Ravindra Bhardwaj S/o Mohar Lal Bhardwaj Aged About 53 Years Resident of Village Lakadiya, Police Station Palari, District Balodabazar-Bhatapara (C.G.) ... Applicant(s) versus • State of Chhattisgarh Throguh- The Station House Officer, Police Of Police Palari, District Balodabazar-Bhatapara (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Ramsajivan, Advocate For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer For Objector Mr. Hanuman Prasad Agrawal, Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.04.2026 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. 83/2026, registered at Police Station Palari, District – Balodabazar- Bhatapara (C.G.) for the offence punishable under Section 64(2), 351(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The prosecution story, in brief, is that on 24-02-2026, the complainant/victim left her house at about 3.30 AM (in the night) after quarreling her husband and asked the applicant to left her in VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.01 11:08:49 +0530 2 her matrimonial house. The applicant took the victim in the motorcycle and on the way the applicant made sexual intercourse with her twice forcibly, therefore the crime as mentioned above has been registered and filed the charge sheet before the concerned Court. 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case and charge-sheet has been filed in the present case. It is further submitted that victim is a married lady and they made physical relation with their mutual consent. He also submits that applicant is in jail since 25.02.2026 and trial may take some time for it’s conclusion Therefore, the applicant is entitled for grant of regular bail. 4. Learned State counsel as well as learned counsel for the Objector opposes the bail application and submits that as per the victim’s statement recorded under Section 183 of BNSS, on 24-02-2026, the complainant/victim left her house at about 3.30 AM (in the night) after quarreling her husband and asked the applicant to left her in her matrimonial house and the applicant took the victim in the motorcycle and on the way the applicant made sexual intercourse with her twice forcibly, therefore applicant is not entitled for grant of bail. 5. I have heard learned counsel for the State and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant and period of detention in jail, further the fact that the victim is a major lady, also the fact that the charge-sheet has been filed in the present case, the 3 applicant is in jail since 25.02.2026 and the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let applicant – Ravindra Bhardwaj, involved in Crime No.83/2026, registered at Police Station Palari, District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 64(2), 351(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS), 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 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. 4 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 Vaishali