1 CGHC010311462026 2026:CGHC:36355 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7556 of 2026 1 - X Y Z Nil ... Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer, Police Station - Katghora, District Korba Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Amit Singh Chuhan, Advocate For Respondent(s)/State : Ms. Monika Singh Thakur, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.08.2026 1. The present is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking grant of regular bail to the Applicant, who has been arrested in connection with Crime No. 240/2026 registered at Police Station Katghora, District Korba (C.G.), for the offences punishable under RUCHI YADAV Digitally signed by RUCHI YADAV 2 Sections 64(2)(m) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”). 2. As per the prosecution case, the prosecutrix lodged a written report at Police Station Katghora against the Applicant/Accused, namely Anil Kanwar, son of Shivlal Kanwar, alleging that he is her uncle. It is alleged that on 12.12.2025 at about 12:00 noon, when she was alone at home, the Applicant/Accused bolted the door from inside and forcibly committed rape upon her. It is further alleged that thereafter, the Applicant/Accused subjected her to rape on several occasions. It is further alleged that on 20.01.2026 at about 2:00 p.m., while the prosecutrix was returning from school after cooking food, the Applicant/Accused forcibly took her to his house and again committed rape upon her. He allegedly threatened her with dire consequences, including killing her, if she disclosed the incidents to anyone. On the basis of the written report lodged by the prosecutrix, a crime was registered against the Applicant/Accused for the alleged offences. During the course of investigation, the Applicant/Accused was arrested and was thereafter remanded to judicial custody. 3. Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. It is submitted that the Applicant is the uncle of the prosecutrix, who is a major girl. It is alleged that the Applicant committed rape upon the prosecutrix and thereafter subjected her to sexual exploitation on several occasions. Learned counsel further submits that there is an inordinate and unexplained delay in lodging the FIR, which casts doubt upon the prosecution case. It is further submitted that the investigation is complete and the charge-sheet has been filed. The Applicant has been 3 in judicial custody since 14.07.2026 and has no criminal antecedents. It is also submitted that the trial is likely to take considerable time to conclude. On these grounds, learned counsel prays that the Applicant be enlarged on regular bail. 4. Per contra, learned State counsel opposes the bail application and submits that the prosecutrix is a major girl and the Applicant, being her uncle, was in a position to exercise influence over her. It is submitted that the Applicant subjected the prosecutrix to sexual exploitation on several occasions. Learned State counsel further submits that in her statement recorded under Section 183 of the BNSS, the prosecutrix stated that she had informed her mother about the incident, but no action was taken thereafter. It is, therefore, submitted that the allegations against the Applicant are serious in nature and, considering the relationship between the Applicant and the prosecutrix, he may influence the prosecutrix or other witnesses if released on bail. Accordingly, learned State counsel prays for rejection of the bail application. 5. I have heard learned counsel for the parties and perused the case diary and other material available on record. 6. The allegations against the Applicant are serious in nature. The prosecutrix, who is a major, has specifically alleged that the Applicant, who is her uncle, subjected her to sexual assault on more than one occasion and also threatened her with dire consequences if she disclosed the incidents. At the stage of consideration of bail, this Court is not required to conduct a detailed examination of the evidence or record a finding on the merits of the case. However, the nature and gravity of the allegations, the relationship between the Applicant and 4 the prosecutrix and the statement of the prosecutrix recorded during investigation are relevant considerations. It is also not disputed that the Applicant has been in judicial custody since 14.07.2026 and that the charge-sheet has been filed. The Applicant is stated to have no criminal antecedents. Nevertheless, having regard to the seriousness of the allegations and the possibility of the Applicant influencing the prosecutrix or other witnesses, this Court is of the considered view that, at this stage, the Applicant does not deserve to be enlarged on bail. Accordingly, without expressing any opinion on the merits of the case, the present bail application is hereby rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. 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