1 CGHC010233072026 2026:CGHC:32395 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5430 of 2026 1 - Dilesh Kumar Kaushik S/o Ram Prasad Kaushik Aged About 32 Years R/o Village Boro, P.S. And Tahsil- Dharamjaigarh, District Raigarh (C.G.) ... Applicant(s) versus 1 - State of Chhattisgarh Through, P.S.- Dharamjaigarh District Raigarh (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ashutosh Mishra, Advocate For Respondent(s)/State : Mr. Shailendra Sharma, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.07.2026 RUCHI YADAV Digitally signed by RUCHI YADAV 2 1. This is the first application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking grant of regular bail to the applicant, who has been arrested in connection with Crime No. 145/2026 registered at Police Station Dharamjaigarh, District Raigarh (C.G.), for the offence punishable under Section 64(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The prosecution story, in brief, is that the prosecutrix lodged a written complaint at Police Station Dharamjaigarh alleging that the applicant, who is her nephew in relation, had been in contact with her for about one month prior to the incident. It is alleged that on 06.05.2026, the applicant entered her house, followed her into her room and forcibly committed sexual intercourse with her against her will after threatening her with dire consequences. It is further alleged that on the following day, i.e., 07.05.2026, the applicant again took the prosecutrix to a nearby forest on his motorcycle after threatening her and again committed forcible sexual intercourse with her. On the basis of the said written complaint, a First Information Report was registered against the applicant at Police Station Dharamjaigarh, District Raigarh (C.G.), in Crime No. 145/2026 for the offence punishable under Section 64(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and the matter is under investigation. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the FIR was lodged after an unexplained delay 3 and is an afterthought. It is further submitted that the applicant and the prosecutrix were in a consensual relationship and are distantly related to each other. It is also submitted that the investigation has been completed and the charge-sheet has already been filed. Learned counsel further submits that the applicant has no criminal antecedents. The applicant has been in judicial custody since 22.05.2026, and as the trial is likely to take considerable time to conclude, his further detention would serve no useful purpose. Accordingly, it is prayed that the applicant be enlarged on regular bail. 4. Learned State counsel opposes the bail application and submits that there are serious and specific allegations against the applicant in the statement of the prosecutrix recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). It is, therefore, contended that the applicant is not entitled to the relief of anticipatory bail. Accordingly, it is prayed that the application be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the entire facts and circumstances of the case, the nature and gravity of the allegations, and the material available in the case diary, particularly the statement of the prosecutrix recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), wherein she has specifically 4 alleged that the applicant entered her house and forcibly committed sexual intercourse with her against her will, as a result of which she sustained an injury on her head. It is further alleged that, thereafter, the applicant called the prosecutrix to a nearby forest, where she requested him to delete the photographs allegedly taken by him, but he refused to do so and again forcibly committed sexual intercourse with her. The prosecutrix is stated to have disclosed the incident to her husband on 14.05.2026, whereafter the First Information Report came to be lodged. In view of these specific and serious allegations, this Court is not inclined to extend the benefit of regular bail to the applicant at this stage. The plea of consensual relationship and delayed lodging of the FIR are matters of evidence to be considered during the course of trial and cannot be adjudicated in the present proceedings. Therefore, without expressing any opinion on the merits of the case, this Court is of the opinion that no case for grant of regular bail is made out. 7. Accordingly, the bail application preferred by the applicant Dilesh Kumar Kaushik in connection with Crime No. 145/2026, registered at Police Station Dharamjaigarh, District Raigarh (C.G.), for the offence punishable under Section 64(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS), deserves to be and is hereby rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to 5 proceed and conclude the trial expeditiously. 9. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE Ruchi