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2026 DAILYLAW 25588 (CHH)

BAIDYANATH BEHRA v. STATE OF CHHATTISGARH

MCRC/6038/2026 · 2026-07-07

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Judgment text

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1 CGHC010242602026 2026:CGHC:28253 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6038 of 2026 Baidyanath Behra S/o Shri Mintu Behra Aged About 25 Years R/o Bhusalad, P.S. Sindhikela (Odisha) District Balangir Present Address Alankar Dairy Old Bus Stand Korba Tehsil and District- Korba (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Kotwali, Korba District- Korba (C.G.) ... Non-Applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 0 8.07.2026 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. 295/2026 registered at Police Station – Kotwali, Korba District- Korba (C.G.) for the offence punishable under Sections 64(1), 296 and 351(3) of Bharatiya Nyaya Sanhita, 2023. 2. The brief facts of the case are that the complainant stated before the Police Station that, on the night of the incident, she left the shop to go home after the arrival of her younger sister, Sukanti. She alleged that the accused forcibly removed her clothes and committed rape upon her while also verbally abusing her. Thereafter, the victim lodged an FIR against the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.09 20:26:28 +0530 2 present applicant, which was registered as Crime No. 295/2026 for the offences punishable under Sections 64(1), 296, and 351(3) of the B.N.S. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is further submitted that the applicant is a young man aged about 25 years and is working as a labourer. He further submitted that the applicant had previously worked as a labourer at the victim's house. It is also submitted that, while the victim was returning home from the shop along with her younger sister, the applicant demanded money, and on account of the said dispute, the victim has falsely implicated him in the present case. Learned counsel further submits that, as per the medical examination report, no external or internal injuries were found on the body of the victim. It is also submitted that the applicant has no previous criminal antecedents, the charge-sheet has already been filed, and the applicant has been in judicial custody since 29.03.2026. Since the conclusion of the trial is likely to take considerable time, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail to the applicant and submits that the charge-sheet has already been filed. She further submits that a named FIR has been lodged against the applicant alleging that he committed forcible rape upon the victim and also subjected her to verbal abuse and criminal intimidation by threatening to kill her. Therefore, it is prayed that the bail application of the applicant be rejected. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, and upon perusal of the 3 case diary and other material available on record, it appears that a named FIR has been lodged against the applicant alleging that he committed forcible rape upon the victim and also subjected her to verbal abuse and criminal intimidation by threatening to kill her, it further appears from the statement of the victim recorded under Section 183 of the BNSS, 2023, that due to the threats extended by the applicant, she initially stated that she did not know the identity of the accused, but would be able to identify him if she saw him, the said statement, prima-facie, supports the prosecution case and indicates that the victim was under fear and intimidation on account of the threats allegedly extended by the applicant, in view of the nature and gravity of the allegations, the material available on record, this Court is not inclined to extend the benefit of bail to the applicant. Accordingly, the bail application stands rejected. 7. Accordingly the bail application of the applicant, namely, Baidyanath Behra involved in Crime No. 295/2026 registered at Police Station – Kotwali, Korba District- Korba (C.G.) for the offence punishable under Sections 64(1), 296 and 351(3) of Bharatiya Nyaya Sanhita, 2023, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Preeti