1 2026:CGHC:15849 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3088 of 2026 Pratosh Kumar Chandel S/o Raghuvanshi Prasad Chandel Aged About 48 Years R/o Village Parashdiha, Police Out Check Post Wadrafnagar, P.S. Basantpur, Distt. Balrampur Ramanujganj, Chhattisgarh. ... Applicant versus The State of Chhattisgarh Through The Police Out Check Post Wadrafnagar, P.S. Basantpur, Distt. Balrampur Ramanujganj, Chhattisgarh. ... Non-applicant For Applicant : Mr. Rahul Mishra, Advocate. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 07.04.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 35/2026 registered at Police Station : Basantpur, District – Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 64, 331(4), 351(3) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution case, the victim made a written complaint to the Police of Police Station Basantpur, alleging that on 28.02.2026, at midnight (about 12:00 AM), she came out of her house for a nature call, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.04.08 11:18:14 +0530 2 when the applicant caught hold of her and took her into a room. Thereafter, the applicant forcibly committed sexual intercourse with the victim. On 07.03.2026, the victim lodged the First Information Report, and thereafter, the Police of Police Station Basantpur submitted the charge sheet against the present applicant. 3. Learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in the present case. He further submits that as per the prosecution case, the victim is aged about 45 years and has two daughters and two sons. Her husband is working as a driver in Bus Service, and at the time of the alleged incident, he was not present at home. Thereafter, the husband of the victim informed the police, and the police, along with villagers, came and opened the room in which the victim and the present applicant were found present. He also submits that in the presence of the police and villagers, a panchnama was prepared, wherein the victim herself stated that she had called the present applicant into her room. She further stated that both the victim and the present applicant mutually acknowledged that the alleged act had taken place, due to which her husband refused to allow her to reside with him. During the preparation of the panchnama, video recording was also conducted. When the police inquired as to how the present applicant came into her room, the victim clearly stated that she herself had called the present applicant. The said video recording also forms part of the charge sheet filed before the learned court below. He also submits that the victim and the present applicant were on cordial terms, being neighbours. As the husband of the victim was frequently away from home, the victim used to call the present applicant to her house for assistance in household work. He further submits that the applicant is in jail since 07.03.2025, conclusion of the trial may take some time, 3 therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned counsel State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, that the victim is a major woman aged about 45 years and, as per the prosecution material, had herself called the present applicant into her room, which is also reflected in the panchnama prepared in the presence of the police and villagers, and further supported by the video recording forming part of the charge-sheet, and considering that both the victim and the applicant were on cordial terms being neighbours, moreover, the fact that the charge-sheet has been submitted before the competent Court in the present case and the applicant has been in jail since 07.03.2025, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Pratosh Kumar Chandel, involved in Crime No. 35/2026 registered at Police Station : Basantpur, District – Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 64, 331(4), 351(3) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 4 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 him 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 him, 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) 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 forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek