1 2026:CGHC:11728 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 683 of 2026 • Sonu Kumar Rai S/o Jai Kumar Rai Aged About 27 Years R/o Ward No. 3, Ahpura, Surungapur, Bhojpur, Bihar (Surname Of Sonu And Jai Are Wrongly Mentioned As Re In Impugned Bail Rejection Order) ... Applicant(s) versus • State of Chhattisgarh Through Station House Officer, P.S. Ganj, Distt. Raipur, Chhattisgarh. ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Vaibhav P.Shukla, Advocate For Respondent(s) : Ms. Vaishali Mahilong, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/03/2026 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.338/2025 registered at Police Station Ganj, District-Raipur (C.G.), for the offence punishable under Sections 64(2)(m), 351(2) of Bhartiya Nyay Sanhita, for short BNS, 2023. 2. Case of the prosecution, in brief, is that the victim has lodged the FIR against the present applicant alleging that the applicant has been VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.03.12 16:55:04 +0530 2 committing forceful sexual intercourse with her, on the pretext of marriage. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that victim is a married lady and mother of two children, who residing separately from her husband at her parent’s house for three years. It is further contended that the present applicant and the victim were in a relationship and she was a consenting party. The applicant is in jail since 28.12.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that applicant is a resident of the State of Bihar and the charge-sheet has been filed in the present case before the competent Court and the applicant has one previous criminal antecedent and same is mentioned in the bail application. She further submits that as per the statement recorded under Section 183 of BNSS by the victim, wherein she admitted that she is a married lady and mother of two children, who residing separately from her husband at her parent’s house for three years and she was in touch with the applicant since February, 2025 and applicant made physical relation with her on pretext of marriage. 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, nature and gravity of allegation levelled against the applicant and the statement recorded under Section 183 of BNSS by the victim, she is a married lady and mother of two children, who residing separately 3 from her husband at her parent’s house for three years and since 2025, victim was in touch with the applicant/accused and he is in jail since 28.12.2025 and the charge-sheet has been filed, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Sonu Kumar Rai, involved in Crime No. 338/2025 registered at Police Station Ganj, District-Raipur (C.G.), for the offence punishable under Sections 64(2)(m), 351(2) of Bhartiya Nyay Sanhita, for short BNS, 2023, be released on bail on their furnishing a personal bond with two local 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 4 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali