1 CGHC010314092026 2026:CGHC:36797 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7533 of 2026 Arun Padam S/o Nageshwar Padam Aged About 22 Years R/o Kottapal, P.S. Bijapur, Distt. Bijapur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Police Station Bijapur, Distt. Bijapur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Abhishek Nirala, Advocate. For Non-Applicant/ State : Ms. Anusha Naik, Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.0 8 .202 6 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 32/2025 registered at Police Station – Bijapur, District - Bijapur (C.G.), for the offence punishable under Sections 64(2)(m) and 351(2) of Bharatiya Nyaya Sanhita, 2023. 2. The earlier bail application of the applicant being MCRC No. 4900/2025 was rejected by this Court vide order dated 18.07.2025 on merits. 3. The brief case of the prosecution is that the victim has lodged the F.I.R. against the present applicant alleging that the applicant has been committing forceful sexual intercourse with her on the false pretext of PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.08.19 17:44:11 +0530 2 marriage due to which she became pregnant. The Police have arrested to the applicant and filed the charge-sheet in competent Court of law. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the first bail application filed by the applicant was rejected by this Court on merits. The present is the second bail application, preferred on the ground that during the course of trial, the victim was examined before the learned Trial Court, however, she did not support the prosecution case and was consequently declared hostile. It is also contended that the applicant has no previous criminal antecedents, and the applicant has been in judicial custody since 08.05.2025. Therefore, it is prayed that the applicant be enlarged on bail. 5. Learned State counsel opposes the bail application and submits that the first bail application filed by the applicant was rejected by this Court on merits. He also submits that the allegations against the applicant are serious in nature. Therefore, considering the nature and gravity of the offence, the previous rejection of the bail application on merits and the fact that there is no substantial change in circumstances, it is prayed that the present second bail application be rejected. 6. Considering the submissions made by learned counsel for the parties, the material available on record and the fact that the applicant's earlier bail application was rejected on merits, this Court is of the view that no substantial change in circumstances has been demonstrated warranting grant of bail. The fact that the victim has been declared hostile during the course of trial, by itself, cannot be treated as a ground for grant of bail, particularly when the appreciation of the evidence of the victim is a matter to be considered by the learned Trial Court at the appropriate stage. Accordingly, this Court is not inclined to grant the benefit of bail to the 3 applicant. Consequently, the present second bail application is hereby rejected. 7. Accordingly, the bail application of the applicant - Arun Padam, filed under Section 483 of BNSS, involved in Crime No. 32/2025 registered at Police Station – Bijapur, District - Bijapur (C.G.), for the offence punishable under Sections 64(2)(m) and 351(2) of Bharatiya Nyaya Sanhita, 2023, is rejected. 8. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same expeditiously. 9. Office is directed to send a copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti