1 CGHC010188782026 2026:CGHC:30054 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4605 of 2026 Rajesh Kumar Bhagat S/o Shivnath Ram Aged About 32 Years R/o Village- Gadiyotongri, Police Chowki- Manora, District- Jashpur (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Jashpur, District- Jashpur (C.G.) ... Non-Applicant For Applicant : Shri JK Saxena, Advocate For Non-Applicant : Miss Monika Thakur, PL. 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.120/2026 registered at Police Station Jashpur District Jashpur (C.G.) for the offence under Sections 74, 87, 64 (2)(m) & 351 (3) of the BNS. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.22 11:31:26 +0530 2 2. The prosecution case, in brief, is that the victim has lodged a written report with the concerned Police Station stating that she had approached the present applicant for getting the SIM card of her brother blocked, as his mobile phone has been stolen. On the same day, as it was too late in the evening, the applicant persuaded the victim to accompany him to his brother’s house and took her to village Bumtel. It is alleged that at about 11.30 pm, the applicant attempted to establish physical relations with the victim. However, on account of refusal of the victim, the applicant could not succeed on that occasion. Thereafter on the occasion of marriage of applicant’s sister on 28.6.2024, the applicant invited the victim to his house where he introduced her to his parents and family members. The family members expressed their desire that she should marry the applicant and become a member of their family. They further asked her to bring her parents so that the marriage proposal could be discussed. Thereafter on the pretext that their marriage has already been settled, the applicant, despite resistance from the victim, committed forcible sexual intercourse with her against her wishes on 3.7.2024. When the victim asked the applicant regarding marriage, the applicant said that he would not marry her for the next 2-3 years. It is further alleged that on 28.6.2025, the applicant again established physical relations with the victim on the false promise of marriage. Thereafter on account of refusal by the applicant to marry the victim on several occasions, the FIR was registered against the applicant. Hence 3 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. The FIR suffers from inordinate and unexplained delay, as the incident is alleged to have occurred on 3.7.2024 whereas the FIR was lodged on 29.3.2026 which creates serious doubt as to the credibility and genuineness of the prosecution story. The victim was a consenting party. The conduct of the victim is inconsistent with the allegation of rape, as she has voluntarily visited the applicant's house, participated in family functions. The allegations at best disclose a relationship based on promise to marry. There is no medical or independent corroborative evidence to substantiate the allegation of forcible sexual assault. The applicant is in jail since 5.4.2026. 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 in her statement recorded under Section 183 of the BNSS, the victim has stated that the marriage of the applicant and the victim was to be solemnized. She stayed in the house of the applicant during the period 28.6.2024 to 3.7.2024. However, on 3.7.2024, at about 11 pm, the applicant has committed sexual intercourse with the victim. Thereafter the applicant had sent the victim to Amritsar for doing job and after staying at Amritsar for about 9 months, she came to know that the applicant had married another girl, and the 4 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 statement of the victim recorded under Section 183 of the BNSS, which goes to show that the applicant marriage with the victim was to be solemnized, but before that the applicant established physical relationship with the victim and send the victim for doing job at Amritsar and thereafter, he married another girl which goes to show that the applicant betrayed the victim, as such, this Court is of the view that the applicant is not entitled to be released on bail in the present case. 7. Accordingly, the bail application of applicant – Rajesh Kumar Bhagat, involved in Crime No.120/2026 registered at Police Station Jashpur District Jashpur (C.G.) for the offence under Sections 74, 87, 64 (2)(m) & 351 (3) of the BNS, is rejected. Sd/- (Ramesh Sinha) Chief Justice Barve 5