1 CGHC010210852026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4967 of 2026  Raja Chandrakar S/o Gangaprasad Chandrakar Aged About 21 Years R/o Village- Tamruwa, Chowki Dasrangpur, P.S. Pipariya, District- Kabirdham (C.G.) ...Applicant versus  State Of Chhattisgarh Through - Police Station Pipariya, District- Kabirdham (C.G.) ... Non-applicant For Applicant : Ms. Preeti Yadav, Advocate on behalf of Ms. Rajni Soren, Advocate For Non-Applicant : Mr. Himanshu Yadu, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 11.09.2026 1. This is the first regular bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular bail to the applicant who has been arrested in connection with Crime No. 96/2026 registered at Police Station- Pipariya, District Kabirdham (C.G.) for the offence punishable under Sections 137(2), 64(2)(m) and 87 of the Bharatiya Nyaya Sanhita, 2023. Digitally signed by AJINKYA PANSARE Date: 2026.09.11 17:32:13 +0530 2 2. Case of the prosecution, in brief is that, on 24.03.2026, applicant kidnapped the prosecutrix and on the basis of complaint, FIR was registered. During investigation, prosecutrix was recovered from Prayagraj (U.P.) from the custody of applicant. In her statement, prosecutrix stated that applicant made sexual relations with her on the pretext of marriage. On the basis of these allegations, the police arrested the present applicant and hence, the present bail application. 3. Learned counsel for the applicant submits that the prosecutrix was examined before the learned Trial Court where she has not supported the case of prosecution. She further submits that the applicant has no criminal antecedents and has never been involved in any criminal activity, he is in jail since 27.03.2026 and the trial is likely to take considerable time for its conclusion. Therefore, she prays to allow this bail application. 4. On the other hand, learned counsel for the State opposes the bail application of the applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Admittedly, prosecutrix was examined before the learned Trial Court as PW/2 wherein she has not supported the case of prosecution and denied the suggestions put forth by the Public Prosecutor. In such circumstances, without expressing any 3 opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant – Raja Chandrakar, involved in Crime No. 96/2026 registered at Police Station-Pipariya, District Kabirdham (C.G.) for the offence punishable under Sections 137(2), 64(2)(m) and 87 of the Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (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 his 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 fixed in such proclamation, then, the trial court shall initiate proceedings against his, 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 fixed for (i) opening of the case, (ii) framing of charge and (iii) 4 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a