1 2026:CGHC:9063 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.407 of 2026 Nikku Sethiya S/o Manku Sethiya Aged About 23 Years R/o Mundagaon, Bazarpasrapara, P.S. Bhanpuri District- Bastar (C.G.) ... Applicant versus State Of Chhattisgarh Through- The Police Station Bhanpuri District- Bastar (C.G.) ... Non-applicant _____________________________________________________ For Applicant :Mr. Praveen Kumar Tulsiyan, Advocate. For Non-applicant/State :Ms. Vaishali Mahilang, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.02.2026 1. The Applicant has preferred this 1st 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.134/2025 registered at Police SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.02.20 18:01:09 +0530 2 Station Bhanpuri, District Bastar (C.G.), for the offence under Sections 126(2), 64(1), 64(2)(m) and 351(2) of BNS. 2. As per the prosecution case, the victim lodged a written complaint against the present Applicant alleging that he committed forcible sexual intercourse with her by stopping her while she was returning from her farm at about 05:00 PM. On the basis of the said complaint, the police arrested the Applicant and subsequently filed the charge-sheet before the competent Court of law. Hence, this application. 3. Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case for which, he is in jail since 09.11.2025. It is submitted that charge sheet has been submitted, the victim is a major lady and being a consenting party, both of them were in love relation. He contended that both parties belong to different caste due to which, there were objections. He further submits that the victim herself has called the Applicant through chats to meet her at night and when her family members have seen them together, a false FIR has been lodged against the Applicant. He further submits that though the victim has stated in her statement recorded under Section 183 of BNS that she has been sexually assaulted, but the MLC report is negative. He lastly submits that the trial will take 3 considerable time to conclude, therefore, the Applicant may be enlarged on regular bail. 4. Per contra, learned State Counsel opposes the bail application. 5. Considering the submissions advanced by learned Counsel for the Applicant, the nature of allegations, charge-sheet has already been filed, the victim is a major lady, the defence of consensual relationship, filing of the charge-sheet and absence of any criminal antecedents, this Court is of the opinion that the Applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 6. Let Applicant-Nikku Sethiya involved in Crime No.134/2025 registered at Police Station Bhanpuri, District Bastar (C.G.), for the offence under Sections 126(2), 64(1), 64(2)(m) and 351(2) of 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. 4 (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. 7. 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 Priya