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2026 DAILYLAW 36336 (CHH)

RAMLAL v. STATE OF CHHATTISGARH

MCRC/8327/2026 · 2026-09-21

Shri Rakesh Mohan Pandey

Transfer Petitionbody2026

Judgment text

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1 CGHC010337182026 2026:CGHC:41201 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8327 of 2026 1 - Ramlal S/o Bulla Aged About 36 Years R/o Devgarh, P.S. Janakpur, Tehsil - Bharatpur, District Manendragarh-Chirmiri-Bharatpur (M C B) Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Police Of Baikunthpur, District Koriya Chhattisgarh ... Respondent(s) For Applicant : Shri Sashwat Gupta, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, P.L. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 22.09.2026 1) The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.194/2026, registered at Police Station Baikunthpur, District – Koriya (C.G.) for the offence punishable under Sections 64(1) & 351(3) of the BNSS, 2023. NIRMALA RAO 2 2) As per the case of the prosecution, on the night of 17.6.2026, the applicant herein knocked on the door of the victim at around 11:00 p.m. to 12:00 midnight. It is alleged that the present applicant sexually assaulted her and, at about 3:00 a.m., the husband of the victim entered the room and found the applicant in an objectionable position. Subsequently, an FIR was lodged on 18.6.2026. On the basis of the said complaint, the police registered the aforesaid offence against the present applicant. 3) Learned counsel for the applicant would submit that the victim is a married lady aged about 25 years. There was an affair between them and, on the date of the incident, the husband of the victim found the applicant and his wife in an objectionable position, and therefore, an FIR was lodged. He would contend that the charge-sheet has already been filed and that the applicant has been in jail since 18.6.2026. Thus, he prays for grant of regular bail to the present applicant. 4) On the other hand, learned State counsel opposes the bail application and submits that there is an allegation of forcible sexual assault against the present applicant; therefore, he is not entitled to be granted regular bail. 5) I have heard learned counsel for the parties and perused the case diary. 6) Having considered the fact that the victim is a married lady aged about 25 years, that the applicant and the victim were found in a compromising position by the husband of the victim on the date of incident at around 3:00 a.m., and that the FIR was lodged thereafter, 3 and further considering the fact that the charge-sheet has been filed, the applicant has been in jail since 18.6.2026, and the conclusion of the trial is likely to take some time, I am inclined to grant regular bail to the present applicant. 7) It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:- (a) he shall make himself available for interrogation by the police officer as and when required; (b) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court; and (c) he shall not act in any manner which will be prejudicial to a fair and expeditious trial. The observation made hereinabove is for the purpose of deciding this bail application only, the learned trial Court shall decide the case on its own merits. Sd/- (Rakesh Mohan Pandey) Judge Nimmi