1 CGHC010383652026 2026:CGHC:42686 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9257 of 2026 1 - Laxman Patel S/o Ghasiram Patel Aged About 32 Years R/o Village Gopalpur, Police Station And Tehsl 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.31/2025 registered at Police Station Baramkela, District- Sarangarh-Bilaigarh (C.G.) for the offence punishable under Section 2 108 of BNS. Earlier first bail application of the applicant bearing MCRC No.6091 of 2025 was rejected on merits vide order dated 04.08.2025. 2) Case of the prosecution, in brief, is that the complainant, being a ward boy at Metro Hospital, Raigarh, informed the police on 23.03.2025 that one person had consumed poison and died during treatment. During investigation, it was found that the deceased, namely Dashrath Patel, had consumed poison on the ground that his wife had been caught with the present applicant at the deceased’s house on 16.01.2025. 3) Learned counsel for the applicant submits that he is innocent and has falsely been implicated in the present case. He would further submit that the applicant and the deceased’s wife were in a relationship, but there is no allegation of abetment or instigation attracting Section 108 of the BNS. He would further submit that the statement of the deceased’s wife under Section 161 of the Cr.P.C. does not attribute any overt act to the applicant, and therefore, no offence is made out against him. It is also submitted that earlier first bail application of the applicant was rejected on merits in MCRC No.6091 of 2025 was rejected on merits vide order dated 04.08.2025. He would contend that the applicant is in jail since 28/05/2025, 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 another case under Sections 332(B), 64(2)(m), 351(2) and 296 of the BNS is registered against the applicant, wherein the victim has alleged repeated sexual exploitation and threats by the applicant. He would further submit that the victim’s husband committed suicide, and in his dying declaration dated 17.01.2025, he attributed 3 the same to the applicant’s disclosure regarding his alleged sexual relationship with his wife. 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, the material collected during investigation, and the fact that another case under Sections 332(B), 64(2)(m), 351(2) and 296 of the BNS is registered against the applicant, wherein the victim has alleged repeated sexual exploitation and threats by the applicant, and further considering the dying declaration of the deceased, who was the husband of the said victim, recorded by the Executive Magistrate on 17.01.2025, wherein the deceased attributed his act of consuming poison to the disclosure made by the applicant regarding his alleged sexual relationship with his wife, and further considering that the first bail application of the applicant has already been rejected on merits and there is no substantial change in circumstances, I am not inclined to grant bail to the applicant. Accordingly, the bail application is rejected. Sd/- (Rakesh Mohan Pandey) JUDGE Rekha