1 CGHC010322472026 2026:CGHC:37399 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7737 of 2026 Bihari Lal Suryavanshi S/o Abhay Ram Suryavanshi Aged About 64 Years R/o Village Lacchanpur Jharna, District Janjgir Champa C. G. ... Applicant versus State Of Chhattisgarh Through SHO Police Station Baradwar Sakti, District – Sakti, C. G. ---- Non-applicant For Applicant : Mr. Prashant Dansena, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.08.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 202/2026 registered at Police Station – Baradwar, District – Sakti (C.G.) for the offence punishable under Sections 296, 351(3), 115(2) and 64(2)(m) of the BNS. 2. Case of the prosecution, in brief, is that the victim was married in the year 2013 and, after the death of her husband in the year 2020 due to a heart attack, she started residing with her two minor children at her matrimonial home. It is alleged that the present applicant, who is the father-in-law of the victim, had been pressurising her since October, 2024 to establish physical relations with him and allegedly threatened that, in case of refusal, he would kill her child. The RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 prosecution further alleges that the applicant, on several occasions, committed forcible sexual intercourse with the victim against her will. It is also alleged that about one week prior to lodging of the report, when the victim resisted the applicant's alleged advances, the applicant assaulted her with fists and blows, causing injuries including the breaking of one of her front teeth. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the charge-sheet has been submitted in this case. It is further submitted that the applicant is the father-in-law of the victim and the husband of the victim has died in the year 2020, and the victim was having affair with the other person, and the applicant seen them together at the residential premises, and the applicant’s knowledge about the said relationship led the subsequent dispute, and therefore, the victim falsely implicated the applicant in the crime in question, and the same is also admittedly mentioned in the statement of the victim under Section 183 of the BNSS. It is further submitted that so far as the status of the trial is concerned, out of 5 prosecution witnesses, only one has been examined by the trial Court. It has been further submitted that the applicant is in jail since 13.06.2026, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel opposed the bail application and submits that from the perusal of the case-diary as well as the statement of the victim under Section 183 of the BNSS, it 3 transpires that the victim was married to Ashok Suryavanshi, a resident of Lachhanpur, in the year 2013, and two sons, namely Mandeep, aged about 13 years, and Manish, aged about 7 years, were born out of their wedlock. Her husband died of a heart attack in the year 2020, after which she continued to reside at her matrimonial home with her two children. In November 2024, she was appointed as an Anganwadi Helper and was maintaining her children from her earnings. It is alleged that the accused/applicant Bihari Lal Suryavanshi, her father-in-law, had been pressurizing and harassing her for about two years to leave her employment. In October 2024, he threatened to kill her children if she refused to have sexual relations with him and allegedly committed rape upon her on 4–5 occasions. About a week prior to lodging the report, when the victim refused his demands, he assaulted her with fists and blows, resulting in the breaking of her tooth and causing bodily pain. Thereafter, she went to her parental home at Amaruwa, narrated the incident to her family members and lodged the report. Thus, the allegation against the accused/applicant is that he repeatedly committed rape upon the victim by extending threats to her and her children and also assaulted her, causing injuries. As such, the bail application deserves to be rejected. 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 and from the perusal of the case-diary as well as the statement of the victim under Section 183 of the BNSS, it transpires that the 4 victim was married to Ashok Suryavanshi, a resident of Lachhanpur, in the year 2013, and two sons, namely Mandeep, aged about 13 years, and Manish, aged about 7 years, were born out of their wedlock. Her husband died of a heart attack in the year 2020, after which she continued to reside at her matrimonial home with her two children. In November 2024, she was appointed as an Anganwadi Helper and was maintaining her children from her earnings. It is alleged that the accused/applicant Bihari Lal Suryavanshi, her father-in-law, had been pressurizing and harassing her for about two years to leave her employment. In October 2024, he threatened to kill her children if she refused to have sexual relations with him and allegedly committed rape upon her on 4–5 occasions. About a week prior to lodging the report, when the victim refused his demands, he assaulted her with fists and blows, resulting in the breaking of her tooth and causing bodily pain. Thereafter, she went to her parental home at Amaruwa, narrated the incident to her family members and lodged the report. So far as the status of the trial is concerned, out of 5 prosecution witnesses, only one has been examined by the trial Court, but the allegation against the accused/applicant is that he repeatedly committed rape upon the victim by extending threats to her and her children and also assaulted her, causing injuries, thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, this bail application of applicant – Bihari Lal Suryavanshi, involved in Crime No. 202/2026 registered at Police Station – Baradwar, District – Sakti (C.G.) for the offence punishable 5 under Sections 296, 351(3), 115(2) and 64(2)(m) of the BNS, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar