1 2026:CGHC:10790 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2059 of 2026 Gopilal Yadav S/o Shri Sundarlal Yadav Aged About 45 Years R/o Village Thusekela, Kharsiya, District Raigarh, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer Balconagar, District – Korba, Chhattisgarh. ... Non-applicant For Applicant : Mr. Rajendra Patel, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.03.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 728/2025, registered at Police Station Balconagar, District – Korba (C.G.) for the offence punishable under Section 64(1) and 351(2) of the BNS. 2. The prosecution story, in brief, is that the complainant-victim has lodged a report with the averment that after the death of her husband she was residing in her husband's house in Belgari Basti Thana Balconagar where the applicant/brother-in-law(dewar) of the complainant was also residing in the same house due to some family dispute, and after the death of the complainant's husband she received the claim amount of Rs. 18,00,000/- which has been deposited in her account, after the amount was deposited in her account the behavior of RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 the applicant was changed and he made physical relations with her since 10.08.2018 to till 20.09.2025 on the pretext of marriage so on the basis of the said report the Police registered the FIR against the applicant, he was arrested and after completion of investigation filed the chargesheet. Hence, this application. 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. It is submitted that the applicant happens to be her brother-in-law of the victim whose husband has died in a road accident, and it is alleged that the victim has claimed amount of Rs. 18 lakhs which was deposited in her account, and the applicant had an eye on the victim and developed physical relations with her many times though he was a married person and by ensuring that he would take divorce from his wife and marry the victim, but the victim is a major lady aged about 32 years and therefore it is not possible to commit forceful intercourse against her will and consent. It is also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 10.01.2026 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. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. It is further submitted that the applicant who is the brother-in-law of the victim has committed sexual intercourse many times with her on the pretext that he would take divorce from his wife and marry her. Therefore, the applicant is not entitled for grant of regular bail. 3 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and period of detention in jail, further the fact that the applicant happens to be her brother-in-law of the victim whose husband has died in a road accident, and it is alleged that the victim has claimed amount of Rs. 18 lakhs which was deposited in her account, and the applicant had an eye on the victim and developed physical relations with her many times though he was a married person and by ensuring that he would take divorce from his wife and marry the victim, but the victim is a major lady aged about 32 years and therefore it is not possible to commit forceful intercourse against her will and consent, also the fact that the charge- sheet has been filed in the present case, the applicant is in jail since 10.01.2026 and the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let applicant - Gopilal Yadav involved in Crime No. 728/2025, registered at Police Station Balconagar, District – Korba (C.G.) for the offence punishable under Section 64(1) and 351(2) of the 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 4 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. (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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar