1 2026:CGHC:15854 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3079 of 2026 Bhuwan Kumar Sahu S/o Ramprasad Sahu Aged About 27 Years R/o Banki Side, Sai Mohalla, Bankimongra, Police Station- Bankimongra, District- Korba, C.G. ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station- Bankimongra, District- Korba, C.G. ... Respondent For Applicant : Mr. Bharat Rajput, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Dy. G.A. Hon'ble Mr. 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.05/2026 registered at Police Station – Bankimongra, District - Korba (C.G.) for the offences punishable under Sections 70, 123, 87, 351(2) & 324 of the BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.07 16:46:09 +0530 2 2. The prosecution case, in brief is that on 08.01.2026 at about 11:00 p.m. to 12:00 midnight, the co-accused namely Tarun Shrivas threatened the complainant that he would make her photographs viral if she did not come out of her house. Acting under fear, the complainant stepped outside her house, where she was forcibly taken by the said Tarun Shrivas along with another co-accused, a Dial-112 driver, to a B-type quarter near Shani Mandir, Gajra. Thereafter, she was assaulted and abused, and her mobile phone was broken. It is further alleged that she was sexually abused by the accused persons and was also forced to consume alcohol. When she attempted to leave the place, the accused persons again assaulted and abused her and threatened to kill her if she reported the matter to anyone. On the basis of the written complaint submitted by the complainant, FIR No. 05/2026 was registered at Banki Mongra Police Station under the relevant provisions of the Bharatiya Nyaya Sanhita. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that on similar allegations, co-accused Umesh Sahu has already been granted bail by this Hon’ble Court vide order dated 13.03.2026 passed in M.Cr.C. No. 2401/2026, and therefore, the present applicant is also entitled to be enlarged on bail on the ground of parity. It is further submitted that the prosecutrix and accused Tarun Shrivas were in a love affair and, after the arrest of Tarun Shrivas, the prosecutrix used to visit him in Central Jail. The present applicant has been arrested merely on the basis of suspicion, and no cogent or substantive evidence has been collected against him during the course of investigation. In the Test Identification Parade (TIP), the prosecutrix 3 categorically failed to identify the present applicant, which strikes at the very root of the prosecution case and clearly shows that there is no prima facie material available to connect the applicant with the alleged offence. There are also several material inconsistencies and contradictions in the prosecution story, which create serious doubt regarding the veracity of the allegations levelled against the applicant. The applicant has no criminal antecedents, the charge-sheet has already been filed, and the conclusion of the trial is likely to take some time. The applicant is in judicial custody since 10.01.2026, therefore, it is most humbly prayed that the applicant may kindly be released on bail. 4. On the other hand, learned counsel for the State, opposes the bail application of the applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicant, and the fact that the co-accused, namely Umesh Sahu, has already been granted bail vide order dated 13.03.2026 passed in MCRC No. 2401 of 2026, and further considering that the charge-sheet has already been filed before the competent Court, that the applicant has been in judicial custody since 10.01.2026, and that the conclusion of the trial is likely to take considerable time, this Court is of the view that the applicant is entitled to be released on bail in the present case, as the case of the applicant is distinguishable from that of the co- accused Tarun Shrivas. 4 7. 4 7. Let applicant, Bhuwan Kumar Sahu, involved in Crime No.05/2026 registered at Police Station – Bankimongra, District- Korba (C.G.) for the offences punishable under Sections 70, 123, 87, 351(2) & 324 of the BNS 2023, be released on bail on furnishing personal bond with two sureties in the like sum 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav