1 2026:CGHC:22892 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4516 of 2026 Budhe @ Buddheshwar Nagesiya S/o Puran Nagesiya Aged About 25 Years R/o Village Sengardag Police Station Samripath District Balrampur-Ramanujganj Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Police Station - Samripath District Balrampur-Ramanujganj Chhattisgarh ... Respondent(s) For Applicant(s) : Dr. Prachi Diwan, Advocate. For Respondent(s) : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14/05/2026 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. 03/2026 registered at Police Station Samripath District Balrampur-Ramanujganj (C.G.) for the offence AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 punishable under Sections 331(6), 64, 296, 351(2) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the applicant/accused had gone along with the father-in-law of the victim to her house for having food. At that time, the husband of the victim was not present at home. After serving food and drinks to them, the victim went to sleep in her room. Thereafter, when her father-in-law left the place, the applicant/accused allegedly forcibly entered the room of the victim, threatened her with a tangi (axe-like weapon), abused her, and threatened to kill her. It is further alleged that the applicant threw the victim to the ground and forcibly committed rape upon her against her will. On the basis of the report lodged by the victim, offence under Sections 331(6), 64, 296 and 351(2) of the Bharatiya Nyaya Sanhita was registered against the accused and investigation was taken up. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. She further submits that the allegation levelled against the applicant of committed rape on the victim and the statement of victim recorded under Section 183 of BNSS, does not corroborated with the medical reports of the victim. She further submits that there is a delay of 3 days in lodging the FIR, without any explanation. The applicant is in jail since 08.02.2026, 3 the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, she prays for grant of 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. He further submits that the applicant is alleged to have forcibly entered the room of the victim during night hours, threatened her with a tangi, abused and threatened to kill her, and thereafter forcibly committed rape upon her against her will. Therefore, the applicant is not entitled for grant of bail. 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 offence, period of detention of the applicant since 08.02.2026, the fact that though the applicant is alleged to have forcibly entered the room of the victim during night hours, threatened her with a tangi, abused and threatened to kill her, and thereafter forcibly committed rape upon her against her will, but considering the fact that the allegation levelled against the applicant of committed rape on the victim and the statement of victim recorded under Section 183 of BNSS, does not corroborated with the medical reports of the victim and the applicant has no criminal antecedent, further the charge-sheet has been filed, this Court is of the view that the applicant is 4 entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Budhe @ Buddheshwar Nagesiya, involved in Crime No. 03/2026 registered at Police Station Samripath District Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 331(6), 64, 296, 351(2) of 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 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. 5 (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. 9. 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 Akhil