1 2026:CGHC:6647 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10056 of 2025 Ajay Solanki S/o Rajkumar Solanki Aged About 23 Years R/o Village Salkha, Bhatapara, Police Station Ratanpur, District Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Ratanpur, District Bilaspur (C.G.) ... Respondent For Applicant : Shri Sumit Singh Rathore, Advocate. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/02/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.632/2025 registered at Police Station Ratanpur, District Bilaspur (C.G.) for the offence punishable under Section 64 of BNS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.06 17:53:25 +0530 2 2. Case of the prosecution, in brief, is that the prosecutrix lodged a written complaint before the police station Ratanpur alleging that on 02-10- 2025 at about 08:00 PM, the prosecutrix was alone in her house watching mobile, there the accused applicant who is a cousin brother of the prosecutrix entered in the house of the prosecutrix and committed sexual intercourse with her. Based on the written complaint crime was registered against the applicant and he was arrested. 3. Learned counsel for the applicant submitted that there was some personal animosity between the applicant and husband of the victim on account of which present FIR has been lodged though allegation of rape has been levelled but the same does not corroborate from the medical report as per the MLC report no internal and external injury was found on the victim. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 4/10/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. She would submit that as per the MLC report no internal and external injury was found on the victim. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, further considering the fact that though allegation of rape has been levelled but the same does not corroborate from the medical report as per the MLC report no internal and external injury was found on the 3 victim, period of detention of the applicant since 4/10/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Ajay Solanki , involved in Crime No.632/2025 registered at Police Station Ratanpur, District Bilaspur (C.G.) for the offence punishable under Section 64 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. (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. 4 (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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri