1 2026:CGHC:9294 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1019 of 2026 Bhajju Singh S/o Chandrabhan Singh, Aged About 27 Years R/o Kadamnara, Gondpara, P.S. Baikunthpur, District- Koriya (C.G.) ... Applicant versus State Of Chhattisgarh Through S.H.O. P.S. Baikunthpur, District- Koriya (C.G.) ... Respondent For Applicant : Shri Pushkar Sinha, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/02/2026 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.346/2025 registered at Police Station Baikunthpur, District- Koriya (C.G.) for the offence punishable under Sections 64 (1), 64 (2) (h), GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.24 11:19:23 +0530 2 351(3) & 332 (b) of B.N.S. (As per Chargesheet). 2. Case of the prosecution, in brief, is that the victim, alleged that on 30.09.2025 at about 08:00 p.m. when she was sleeping in her room with her children while her husband had gone to purchase household items, applicant/accused, Bhajju Singh, entered in her house, dragged her into another room, and committed forcible sexual intercourse with her despite being informed that she was four months pregnant. It is further alleged that upon the arrival of her husband, the applicant/accused fled away from the spot after threatened her with death. On the basis of the report offence has been registered U/s-64 (1), 64 (2) (h), 332 & 351(3) of B.N.S, the applicant/accused was arrested on 14.10.2025, and since then he is in jail. 3. It has been argued by learned counsel for the applicant that the victim is already a married woman and she was pregnant at the time of incident and further because of some dispute of the applicant with her husband present FIR has been lodged. It is stated that as per 183 BNSS statement of the victim though allegation of rape has been levelled but there is no medical report to support the same. It is also submitted that the victim has also filed no objection before the trial court for grant of bail to the applicant. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 14/10/2025 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. 3 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, submission of learned counsel for the parties, as per 183 BNSS statement of the victim though allegation of rape has been levelled but there is no medical report to support the same, further the fact that victim has also filed no objection before the trial court for grant of bail to the applicant, period of detention of the applicant since 14/10/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, therefore 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- Bhajju Singh, involved in Crime No.346/2025 registered at Police Station Baikunthpur, District- Koriya (C.G.) for the offence punishable under Sections 64 (1), 64 (2) (h), 351(3) & 332 (b) of B.N.S., 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 4 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