1 2026:CGHC:22661 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3448 of 2026 • Mohan Kaushik S/o Dinesh Kaushik Aged About 26 Years R/o Village Jinda, P.S. Pipariya, Distt. Kabirdham, Chhattisgarh. ... Applicant(s) versus • State of Chhattisgarh Through The Station House Officer, Police Of Police Bodla, Distt. Kabirdham, Chhattisgarh. ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Hemant Gupta, Advocate For Respondent(s) : Mr. Shubham Bajpai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/05/2026 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.210/2025 registered at Police Station Bodla, District-Kabirdham (C.G.), for the offence punishable under Sections 64(2)(m), 351(3) of Bhartiya Nyay Sanhita, for short BNS, 2023. 2. Case of the prosecution, in brief, is that in the month of September 2023, the present applicant entered in the house of the victim and threatened the victim to kill her husband and child and made sexual VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.15 08:32:48 +0530 2 intercourse with the victim. Thereafter the applicant many times made sexual intercourse with the victim by giving threatening to kill her husband and child. Lastly in the month of May-2025, the applicant made sexual intercourse with the victim. 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 having child. It is further contended that the present applicant and the victim came in contact since 2023 and they were in a relationship and she was a consenting party, when the said fact came to the knowledge of her husband, she lodged an FIR against the applicant. The applicant is in jail since 14.02.2026 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. 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 no criminal antecedent. He further submits that as per the statement recorded under Section 183 of BNSS by the victim, wherein she stated that in the month of September 2023, the present applicant entered in the house of the victim and threatened to kill her husband and child and made sexual intercourse with the victim. Thereafter the applicant many times made sexual intercourse with the victim by giving threatening to kill her husband and child. Lastly in the month of May-2025, the applicant made sexual intercourse with the victim. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 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, victim came in contact since 2023 and they were in a relationship and she was a consenting party, when the said fact came to the knowledge of her husband, she lodged an FIR against the applicant and he is in jail since 14.02.2026 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 – Mohan Kaushik involved in Crime No.210/2025 registered at Police Station Bodla, District-Kabirdham (C.G.), for the offence punishable under Sections 64(2)(m), 351(3) of Bhartiya Nyay Sanhita, for short BNS, 2023, be released on bail on their 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 proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 4 (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 forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali