1 2026:CGHC:737 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2 of 2026 Satish Sen S/o Shri Mordhwaj Sen Aged About 33 Years R/o Village Lafandi, Ward No. 15, School Para, Rajim, District : Gariyabandh, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Rajim, District : Gariyabandh, Chhattisgarh ... Respondent For Applicant : Shri Pragalbha Sharma, Advocate. For Respondent/State : Ms. Nupur Trivedi, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/01/2026 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. 312/2025 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.07 19:01:59 +0530 2 Rajim, District : Gariyabandh, Chhattisgarh for the offence punishable under Sections 64, 351(3) of BNS. 2. Case of the prosecution, in brief, is that on 08.10.2025 at about 11:00 AM, the applicant went to the house of the prosecutrix in Village Pokhara to perform masonry work. It is alleged that the applicant sent his friend Jitendra and the prosecutrix's father-in- law to the market to buy chicken. Taking advantage of the situation, the applicant allegedly followed the prosecutrix to the kitchen/backyard, dragged her, and committed forcible sexual intercourse with her. It is further alleged that when the father-in- law returned, he witnessed the incident, upon which the applicant threatened to kill the prosecutrix's husband and fled the spot. Hence, this FIR. 3. Learned counsel for the applicant submitted that the victim is a married woman and she was having a consensual relationship with the applicant. It is further submitted that when the father-in- law of the victim saw them in a compromising position, the victim just to save herself from insult has lodged the present FIR and false story has been made. He would submit that the applicant is in jail since 9/10/2025 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. 5. I have heard learned counsel appearing for the parties and 3 perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, further the fact that though statement of the victim under Section 183 BNS goes to show that the applicant committed forceful sexual intercourse but the MLC report goes to show that no internal and external injury was found on the person, period of detention of the applicant since 9/10/2025 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- Satish Sen, involved in Crime No. 312/2025 registered at Police Station Rajim, District : Gariyabandh, Chhattisgarh for the offence punishable under Sections 64, 351(3) 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 4 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. 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