1 CGHC010332352026 2026:CGHC:38696 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7950 of 2026 Devchand Singh S/o Somarsai Aged About 45 Years R/o Village Sonpur (Barpara), Police Chowki Basdei, Police Station And District - Surajpur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Chowki Basdei, Police Station Surajpur, District - Surajpur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Keshav Dewangan, Advocate For Respondent(s) : Ms. Ritika Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01.09.2026 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No. 512/2026, registered at Police Station- Surajpur, District - Surajpur (C.G.) for the offence punishable under Section 64 of the BNS. MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2026.09.01 15:41:03 +0530 2 2. The case of the prosecution, in brief, is that on 13.07.2026, the victim/complainant lodged a written report alleging that on 06.07.2026, at about 6:00 p.m., while she was proceeding from her house towards the farm, the present applicant, who was standing near the door of his house, forcibly took her inside his house and committed sexual intercourse with her without her consent. On the basis of the said report, an FIR was registered against the applicant for the offence punishable under Section 64 of the Bharatiya Nyaya Sanhita, 2023. During investigation, the applicant was arrested on 14.07.2026 and, upon completion of the investigation, the charge-sheet has been filed before the competent Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to previous enmity between the families of the applicant and the victim. It is further submitted that the victim is a major woman and, considering the circumstances of the alleged incident, including that it allegedly took place at about 6:00 p.m. in the applicant’s house where other family members resided and which is situated in a densely inhabited locality, the allegations are doubtful. It is also contended that the victim did not raise any alarm during the alleged incident and that the medical examination did not reveal any signs of recent sexual intercourse or any external or internal injury on her private parts, which, according to the learned counsel, supports the applicant’s case. The applicant has been in 3 custody since 14.07.2026, the charge-sheet has already been filed, charges are yet to be framed, and the trial is likely to take considerable time, therefore, he is entitled to be released on bail. 4. Learned State counsel opposes the prayer for grant of bail and submits that there are specific and serious allegations against the applicant of having forcibly committed sexual intercourse with the victim without her consent. It is further submitted that the offence alleged against the applicant is grave and serious in nature and, considering the nature of allegations and the material collected during the course of investigation, no case for grant of bail is made out. Therefore, it is prayed that the present bail application be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature of allegations levelled against the applicant, the fact that the victim is a major woman, the submissions advanced by the learned counsel for the applicant with regard to the medical evidence, the fact that the charge-sheet has already been filed and, therefore, the custodial interrogation of the applicant is no longer required, as also taking into consideration that the applicant is in judicial custody since 14.07.2026 and the conclusion of the trial is likely to take considerable time, this Court is of the considered opinion that the applicant is entitled to be enlarged on bail. Without commenting upon the merits of the 4 case, the present bail application is allowed. 7. Let applicant, Devchand Singh, involved in Crime No. 512/2026, registered at Police Station- Surajpur, District - Surajpur (C.G.) for the offence punishable under Section 64 of the BNS, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed 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 fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against them 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 Bharatiya Nyaya Sanhita is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section Section 209 of Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, 5 before the trial court on the dates fixed 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 sufficient 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. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Manpreet