1 CGHC010383772026 2026:CGHC:42687 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9249 of 2026 1 - Laxman Patel S/o Ghasiram Patel Aged About 32 Years R/o Village Gopalpur, Police Station And Tehsil Baramkela Distt- Sarangarh- Bilaigarh (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Baramkela Distt- Sarangarh- Bilaigarh (C.G.) ... Non-applicant For Applicant : Mr. Raghvendra Pradhan, Advocate along with Mr. Shikhar Sharma, Advocate For Non-applicant : Mr. Kawaljeet Singh Saini, Dy. GA Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 01.10.2026 1) The applicant has preferred this second Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), for grant of regular bail, as he has been arrested in connection with Crime No.40/2025 registered at Police Station Baramkela, District- Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 2 332(B), 64(2)(m), 351(2), 296 of BNS.. Earlier first bail application of the applicant bearing MCRC No.6092 of 2025 was rejected on merits vide order dated 04.08.2025. 2) The case of the prosecution, in brief, is that the prosecutrix lodged an FIR at Police Station Baramkela on 13.04.2025, alleging that the applicant had been committing forcible sexual intercourse with her since 05.12.2024. It is further alleged that on 13.04.2025, the husband and in-laws of the prosecutrix caught the applicant and the prosecutrix together, whereafter the present crime was registered against the applicant. 3) Learned counsel for the applicant submits that he is innocent and has falsely been implicated in the present case. He contends that victim who is a married woman as per the statement goes to show that she was a consenting party. It is also submitted that earlier first bail application of the applicant was rejected on merits in MCRC No.6092 of 2025 was rejected on merits vide order dated 04.08.2025. He would contend that the applicant is in jail since 08/05/2025, the charge-sheet has been filed, and the trial is likely to take some time. Therefore, he prays for grant of bail. 4) On the other hand, learned State Counsel opposes the bail application and submits that, as per the victim’s statement under Section 183 of the BNSS, the applicant repeatedly subjected her to sexual exploitation and threatened to disclose the same to her husband and family. It is further submitted that a case under Section 306 of the IPC is also registered against the applicant in connection with the suicide of the victim’s husband, whose dying declaration dated 17.01.2025 attributes the suicide to the applicant’s disclosure regarding his alleged sexual 3 relations with the victim. He would further submit that the first bail application of the applicant was rejected on merits and there is no substantial change in circumstances warranting reconsideration of the prayer for bail. Therefore, 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 nature and gravity of the allegations against the applicant, the statement of the victim recorded under Section 183 of the BNSS, wherein she has alleged that the applicant repeatedly subjected her to sexual exploitation and threatened her with disclosure of said fact to her husband and family members, and further considering the fact that a separate case under Section 306 of the IPC has been registered against the applicant in connection with the suicide of the victim’s husband, as well as the dying declaration of the deceased recorded by the Executive Magistrate on 17.01.2025, wherein allegations have been made against the applicant regarding his disclosure of his alleged sexual relations with the victim, and also considering the fact that the first bail application of the applicant has already been rejected on merits and there is no substantial change in circumstances warranting reconsideration of the prayer for bail, I am not inclined to grant bail to the applicant. Accordingly, the bail application is rejected. sd/- (Rakesh Mohan Pandey) JUDGE Rekha