1 CGHC010321342026 2026:CGHC:37570 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7792 of 2026 Satish Madvi S/o Somlu Ram Madvi Aged About 29 Years R/o - Chokhanpal, P/s- Gangaloor, District- Bijapur, C.G. , Present Address- Atal Aawas, Bijapur, District- Bijapur, (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House O5cer, Police Station - Bijapur, District- Bijapur, (C.G.) ... Non-applicant For Applicant : Mr. Kamlesh Kumar Pandey, Advocate. For Non-applicant/State : Mr. Sangharsh Pandey, Govt. Advocate. For Complainant : Mr. Shivam Mishra, Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 21.08.2026 1. This is the First bail application :led 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. 39/2026 registered at Police Station : Bijapur, District – Bijapur (C.G.) for the o=ence punishable under Sections 64(1), 64(2)(f) and 351(2) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, on 14/05/2026, the victim lodged a written complaint at Bijapur Police Station stating that on 15/11/2025, the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.08.22 12:39:37 +0530 2 accused called her and informed her that her Voter ID card was ready and asked her to come to his residence at ‘Atal Awas’ to collect the same. Accordingly, she went to the accused’s house at about 11:00 AM. The accused handed over her Voter ID card and informed her that his wife was not at home and asked the victim to cook a meal for him. Consequently, she stayed at the accused’s house. After having dinner that night, the victim and the accused slept in separate rooms. During the night, the accused entered the room where the victim was sleeping and forcibly had sexual intercourse with her against her will and threatened to kill her. Out of fear, she did not disclose the incident to anyone. On 07/05/2026, upon experiencing swelling in her hands and feet, the victim consulted a doctor at the District Hospital, Bijapur, who informed her that she was pregnant. Thereafter, she disclosed the incident to her mother and other persons. Subsequently, on 14/05/2026, a report was lodged at Bijapur Police Station through the Sakhi Centre, Bijapur. On the basis of the said report, Crime No. 39/2026 was registered against the applicant/accused for the o=ences punishable under Sections 64(1), 64(2)(f), and 351(2) of the BNS. After completion of the necessary investigation proceedings, the applicant/accused was arrested on 15/05/2026. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the FIR has been registered after a delay of approximately 08 months. He also submits that the present applicant has no criminal antecedents and he is in jail since 15.05.2026, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application of 3 the present applicant and submits that the charge-sheet has been :led before the competent Court in the present case. 5. Learned counsel for the complainant submits that the victim has no objection if the bail application of the present applicant is allowed. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case and the fact that learned counsel for the complainant has stated that the victim has no objection to the grant of bail, the fact that the applicant has no criminal antecedents and has been in custody since 15.05.2026, and that the conclusion of the trial is likely to take some time, this Court is of the considered view that the applicant is entitled to be released on bail. 8. Let applicant, Satish Madvi, involved in Crime No. 39/2026 registered at Police Station : Bijapur, District – Bijapur (C.G.) for the o=ence punishable under Sections 64(1), 64(2)(f) and 351(2) of the Bhartiya 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 :le an undertaking to the e=ect that he shall not seek any adjournment on the dates :xed 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 :xed, either personally or through his counsel. In case of his absence, without su5cient cause, 4 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 :xed 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 :xed 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 su5cient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. O5ce is directed to send a certi:ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek