1 CGHC010360192026 2026:CGHC:42229 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8597 of 2026 Balakdas Chandel S/o Bhagwanidas Chandel, Aged About 36 Years (Wrongly Mentioned As Balak Das In The Order- Sheet) R/o Village - Dhodhma Nawapara, Post - Silhati, Police Station And Tahsil - Sahaspur Lohara, District - Kabirdham (C.G.). ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Sahaspur Lohara, District - Kabirdham (C.G.). ... Non-Applicant For Applicant : Mr. Chandrikaditya Pandey, Advocate For Non-Applicant : Mr. Sourabh Sahu, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 28/09/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 97/2026 registered at Police Station Sahaspur Lohara, District Kabirdham (C.G.) for offences punishable under Sections 64(1) and 64(2)(k) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The prosecution story in brief is that on 15.07.2026, the complainant reported that his younger daughter, aged about 30 years and suffering from 40% mental disability (schizoaffective disorder), had been sexually assaulted by the applicant during the purported course of medical treatment. The applicant was treating the complainant for sciatica and, 2 upon learning of the daughter’s condition, advised that she be brought to him for treatment. It is alleged that, taking advantage of her vulnerable mental condition and the trust reposed in him, the applicant committed overt act with her. Consequently, Crime No. 97/2026 was registered at Police Station Sahaspur Lohara, and the applicant was arrested on 15.07.2026. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the alleged offence out of malice. No such incident ever took place and the medical evidence does not corroborate the prosecution story. It is further submitted that the applicant has no criminal antecedents, is in jail since 15.07.2026, and the trial is likely to take considerable time for its conclusion; thus, the applicant may be released on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the allegations against the applicant are grave and serious in nature. The applicant, being a medical practitioner took undue advantage of his position and committed sexual assault on a woman suffering from a mental disability (schizoaffective disorder), the applicant is not entitled to be enlarged on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations, particularly the victim is a woman suffering from mental disorder and the applicant is alleged to have committed sexual assault on her while she was brought to him for medical consultation/treatment, this Court is not inclined to grant regular bail to the applicant. 7. Accordingly, the bail application filed under Section 483 of the BNSS is hereby rejected. Sd/- Rakesh Mohan Pandey JUDGE Nadim