1 CGHC010164922026 2026:CGHC:29997 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4068 of 2026 Jitendra Patel S/o Shri Parsuram Patel Aged About 37 Years R/o Aamanaka Near University And Gurudwara, Bhawani Square, Raipur, District Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Khamtarai, District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Ramakant Patel, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Dy. Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 15.07.2026 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. 182/2026 registered at Police Station : Khamtarai, District – Raipur (C.G.) for the offence punishable under Section 64(2)(m) and Section 351(2) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that the victim, a 26-year-old graduate woman, lodged a written complaint before Police Station Khamtarai alleging that the applicant committed rape upon her on the false promise ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.16 10:58:57 +0530 2 of marriage. On the basis of the said complaint, an offence punishable under Sections 64(2)(m) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) was registered against the applicant. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He further submits that the FIR was lodged after an unexplained delay of more than 03 months. He submits that the victim is a major, well- educated, and married woman. He further submits that the applicant has no criminal antecedents and has been in judicial custody since 25.03.2026. He also submits that the conclusion of the trial is likely to take considerable time. Therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits the charge-sheet has already been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, particularly the fact that the FIR was lodged after an unexplained delay of more than 03 months, the victim is a major and married woman, the applicant has no criminal antecedents, and has been in judicial custody since 25.03.2026, coupled with the fact that the conclusion of the trial is likely to take considerable time, this Court is of the considered opinion that the applicant is entitled to be released on regular bail. 7. Let applicant, Jitendra Patel, involved in Crime No. 182/2026 registered at Police Station : Khamtarai, District – Raipur (C.G.) for the offence punishable under Section 64(2)(m) and Section 351(2) of the Bhartiya 3 Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 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. (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 4 against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek