1 CGHC010177562026 2026:CGHC:29420 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4298 of 2026 Ajay Rajak S/o Shri Raupnarayan Rajak Aged About 27 Years R/o Ganeshpur Police Station Ramanujnagar Jail Surajpur Tehsil- Ramanujnagar District- Surajpur (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station Ramanujnagar Tehsil- Ramanujnagar District- Surajpur (C.G.) ... Non-Applicant For Applicant : Miss Kiran Sahu, Advocate. For Non-Applicant : Shri Shubham Bajpai, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13/07/2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.70/2026 registered at Police Station Ramanujnagar, District Surajpur (C.G.) for the offence under Sections 332 (b), 351 (2) & 64 (1) of the BNS. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.14 16:29:42 +0530 2 2. The prosecution case, in brief, is that on 13.3.2026 at about 7 pm, the present applicant entered the house of the victim, caught hold of her hands and arms and forcibly committed rape with her. When the victim resisted and tried to get herself freed, the applicant allegedly extended threat to her life. On the basis of these allegations, the FIR was registered against the applicant. Hence the bail application. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. She further submits that there was dispute between the applicant and the husband of the victim, as the applicant had advanced a loan of Rs.15,000/- to the husband of the victim and it is stated that Rs.10,000/- remained to be paid. Apart from that, on 16.3.2026, the present applicant has also lodged an FIR against the husband of the victim and one Sonu Singh stating that they have abused him and thereafter assaulted him with club, hands and fists and caused injuries to him. Though allegation of rape has been levelled against the present applicant by the victim, but there is no MLC report to substantiate the same. The applicant is in jail since 16.3.2026. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the applicant has one criminal antecedent registered against him in 3 the year 2019, and the charge sheet has been submitted against the applicant. Therefore, the bail application may 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, and the fact that the charge sheet has already been submitted against the applicant, further considering the fact that though the allegation of rape has been levelled against the applicant by the victim, however, there is no MLC report to substantiate the same, the applicant is in jail since 16.3.2026 and conclusion of trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Ajay Rajak, involved in Crime No.70/2026 registered at Police Station Ramanujnagar, District Surajpur (C.G.) for the offence under Sections 332 (b), 351 (2) & 64 (1) of the BNS, be released on bail on furnishing 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 4 law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them 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. (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 applicants are 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 them in accordance with law. 5 8. 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 Barve