Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:18156
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3603 of 2026 Arun Behera Son Of Dolamani Behra Aged About 33 Years Resident Of Village Mohgaon, Post Toresinha, Police Station Balouda, District- Mahasamund (C.G)
... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Balouda, District- Mahasamund (C.G.)
... Respondent(s) For Applicant(s) : Mr. Raghvendra Pradhan, Advocate. For Respondent(s) : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.04.2026
1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 53/2025 registered at Police Station Balouda, District- Mahasamund (C.G.) for the offence punishable under Section AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
2 64(1) & 351(3) of BNS. 2. Case of the prosecution, in brief, is that on 29.06.2025 at about 7:30 PM, the applicant allegedly called the victim to his house on the pretext that his mother had summoned her. Upon her arrival, the applicant is alleged to have taken the victim to a toilet room and committed forcible sexual intercourse with her, and further threatened to kill her if she disclosed the incident to anyone. Based on the said allegations, the police registered the offence and, after investigation, filed the charge-sheet before the concerned Court against the applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application was rejected by this Court on merits vide order dated 09.10.2025 passed in MCRC No.7106 of 2025, therefore this second bail application is filed on the ground that the applicant is languishing in jail since 07.07.2025 and out of 18 witnesses, the statement of only one witness has been recorded till date, the next date given by the trial Court is 12.05.2026 after 13.03.2026, therefore, the conclusion of trial is likely to take some time, hence he prays for releasing the applicant on regular bail. 4.
4. On the other hand, learned State counsel opposes the bail application and submits that the victim’s statement under Section 183 BNSS clearly alleges that the applicant deceitfully called her to his house and committed forcible sexual intercourse, along with
3 threats to kill her if she disclosed the incident, furthermore the MLC report supports the prosecution case, as injuries were found on the victim. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 09.10.2025 in MCRC No. 7106 of 2025 on the ground that the victim’s statement under Section 183 BNSS clearly supports the prosecution case that the applicant deceitfully called her to his house and committed forcible sexual intercourse, along with threats to kill her if she disclosed the incident and the same is corroborated by the medical evidence, which shows injuries on her person, but considering the fact that there are total 18 witnesses in the present case, out of which, the statement of only 01 witness has been recorded till date and the next date fixed by the trial Court is 12.05.2026 for further recording of prosecution evidence, also considering the fact that counsel for the applicant is not pressing the case on merits, he only wants speedy trial, hence there appears to be no good or new ground to entertain the present bail application on merits. 7. Accordingly, the second bail application of the applicant- Arun
4 Behera, involved in Crime No. 53/2025 registered at Police Station Balouda, District- Mahasamund (C.G.) for the offence punishable under Section 64(1) & 351(3) of BNS, is rejected at this stage. 8. However, the learned trial Court is directed to conclude the trial expeditiously, preferably on a day-to-day basis, and to avoid granting unnecessary or long adjournments in accordance with law, if there is no legal impediment. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/-
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE Akhil