Extracted from the PDF above. The PDF is authoritative.
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CGHC010148592026
2026:CGHC:27755
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3894 of 2026 Ajay Kumar Patel S/o Sudarshan Patel Aged About 29 Years R/o Village Basantpur Police Station - Sakti, District Sakti Chhattisgarh
... Applicant versus State Of Chhattisgarh Through Police Station Sakti, District Sakti Chhattisgarh
... Respondent(s) (Cause title taken from CIS) For Applicant : Shri Chandrikaditya Pandey, Advocate For Respondent(s) : Mrs. Ankita Shukla, Panel Lawyer
Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.07.2026
1. This is the first application for grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2026.07.07 11:18:36 +0530
2 The applicant is in judicial custody since 15.03.2026 in connection with Crime No. 122/2026 registered at Police Station Sakti, District Sakti (C.G.) for the offences punishable under Sections 64(1) and 351(3) of the Bharatiya Nyaya Sanhita, 2023. The applicant had earlier preferred an application for grant of bail before the learned Special Judge (FTC), Sakti in Bail Application No. 116/2026, which came to be rejected vide order dated 23.03.2026. 2. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated due to a dispute with the husband of the prosecutrix. It is contended that on account of the said dispute, the applicant has been falsely inculpated in the present case. It is further submitted that there is an unexplained delay of about 73 days in lodging the First Information Report, no independent eyewitness supports the prosecution case, the investigation has been completed and the charge-sheet has already been filed, the applicant has no criminal antecedents, and has remained in custody since
15.03.2026. It is, therefore, prayed that the applicant be enlarged on bail. 3. Per contra, learned State counsel opposes the prayer for bail
3 and submits that the prosecutrix, a married woman, has specifically alleged that the applicant committed rape upon her and thereafter again attempted to commit the same offence, which she resisted. It is further submitted that the prosecutrix thereafter lodged the FIR along with her husband. Learned State counsel submits that the statements of the prosecutrix and the material collected during investigation prima facie establish the involvement of the applicant. Hence, it is prayed that the bail application be rejected. 4. I have heard learned counsel for the parties and perused the case diary. 5.
Considering the nature and gravity of the allegations, the specific allegations made by the prosecutrix that the applicant committed rape upon her and thereafter again attempted to commit the same offence, the statement of the prosecutrix recorded under Section 183 BNSS during the course of investigation which prima facie support the prosecution case, and the material collected during investigation disclosing the involvement of the applicant, this Court is not inclined to extend the benefit of regular bail to the applicant at this stage. The submissions regarding the
4 delay in lodging the FIR and the alleged dispute with the husband of the prosecutrix are matters to be appreciated during the course of trial and do not, at this stage, outweigh the prima facie material available against the applicant. Accordingly, the bail application of the applicant Ajay Kumar Patel filed under Section 483 of the BNSS involved in Crime No. 122/2026 registered at Police Station Sakti, District Sakti (C.G.), for the offence punishable under Section 64(1), 351 (3) of BNSS 2023 is rejected. 6. However, this Court hopes and trust that the trial Court shall make an earnest endeavour to conclude the trial in accordance with law as expeditiously as possible, if there is no legal impediment. 7. 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 Ashu