1 CGHC010252562026 2026:CGHC:28208 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6066 of 2026 Murit Nayak @ Chiku S/o Dayaram Nayak Aged About 42 Years R/o Village Bandhakhar, Police Station Pali, District Korba (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer Police Station- Ratanpur, District- Bilaspur (C.G.) ... Non-Applicant(s) For Applicant : Mr. Shashank Upadhyay, Advocate. For Non-Applicants : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/07/2026 1. This is the first bail application filed under Section 483 of the BNSS, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 181/2026 registered at Police Station Ratanpur, District : Bilaspur (C.G.) for the offence punishable under Sections 64 and 115(2) of BNS. 2. Case of the prosecution, in brief, is that the victim submitted a written complaint before Police Station Pali, District Korba, alleging that on 09.02.2026, at about 2:00 p.m., while she was waiting for a bus near Bhimsenia Forest to go to Dumarkachhar, the present applicant, who was known to her and belonged to the same village, forcibly made her sit KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 in his trailer and took her near Bagdeva Toll Plaza, where at about 3:00 p.m., after assaulting her, he committed forcible sexual intercourse with her inside the cabin of the trailer against her will. Thereafter, while the applicant was driving the trailer and the victim was attempting to get down from the vehicle, the trailer allegedly became uncontrolled and overturned near Belpara, due to which the victim became unconscious. After regaining consciousness, she went to Kodar, stayed there for about two days and thereafter returned to her matrimonial home. On the basis of the said complaint, a Zero FIR was initially registered at Police Station Pali under Sections 64 and 115(2) of the Bharatiya Nyaya Sanhita, which was subsequently transferred to Police Station Ratanpur, District Bilaspur, where Crime No. 181/2026 was registered. During the course of investigation, sufficient material was found against the applicant, who was arrested on 22.05.2026 and after completion of the investigation, the charge-sheet has been filed before the competent Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant and the husband of the victim were close friends and had worked together as trailer drivers and even after the husband of the victim lost his job, the applicant helped him by providing employment in his hardware shop. It is further submitted that both families were on cordial terms and frequently visited each other's houses. However, owing to previous resentment and personal grudge harboured by the husband of the victim against the applicant, the present false case has been lodged to take revenge. He further submits that the FIR was lodged after about one month of the alleged incident and no satisfactory explanation has been offered for such delay. It is also contended that no independent witness has supported the prosecution case and although the victim in 3 her statement recorded under Section 183 of the B.N.S.S. stated that several persons had gathered at the place where the trailer overturned, none of them has stated that they had seen the victim travelling in the applicant's trailer prior to the incident. It is lastly submitted that the applicant has been in judicial custody since 22.05.2026, the charge- sheet has already been filed, the trial is likely to take considerable time for its conclusion and therefore the applicant deserves to be enlarged on bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the statement of the victim, recorded under Section 183 of the B.N.S.S., fully supports the prosecution case. It is submitted that the applicant forcibly took the victim in his trailer despite her refusal, tied her hands with a towel, and thereafter committed forcible sexual intercourse with her near Bagdeva Toll Plaza against her will. It is further submitted that when the victim resisted, a scuffle ensued, during which the trailer overturned and several persons gathered at the spot, to whom the victim narrated the incident after regaining consciousness. Considering the serious nature of the allegations, the statement of the victim and the material collected during the course of investigation, learned State counsel submits that no case for grant of bail is made out and therefore, the present application deserves to be rejected. 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 the offence, period of detention of the applicant since 22.05.2026 and also considering the fact that from perusal of the statement of the victim recorded under Section 183 of the B.N.S.S., it appears that the victim is a married lady, the FIR has been lodged after 4 about one month from the date of the alleged incident, for which no satisfactory explanation has been offered, further considering that as per the medical examination report no external injury or external damage was found on the body of the victim, the charge-sheet has already been filed before the competent Court, no further custodial interrogation of the applicant is required and the conclusion of the trial is likely to take considerable time, therefore, without commenting anything on the merits of the case, this Court is inclined to allow the present bail application. 7. Accordingly, the bail application is allowed. 8. Let the Applicant- Murit Nayak @ Chiku, involved in Crime No. 181/2026 registered at Police Station Ratanpur, District : Bilaspur (C.G.) for the offence punishable under Sections 64 and 115(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 5 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. 9. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal