1 2026:CGHC:15861 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3108 of 2026 Dinesh Rajput S/o Ganesh Rajput Aged About 27 Years R/o Rangeli Ward, Ward No. 8, P.S. Rangeli, District- Morang (Kathmandu) Nepal, At Present R/o- Vemulavada, Near Shiv Mandir, Rafiq Khan's House, P.S. Vemalavada, Dist.- Raganna Sircilla, Telangana. ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Geedam, District- Dantewada (C.G.) ... Respondent For Applicant : Shri Sudhir Kumar Bajpai, Advocate. For Respondent/State : Ms. Palak Dwivedi, PL. 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 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.72/2025 registered at Police Station Geedam, District Dantewada (C.G.) for the offence punishable under Sections 137(2), 87, 64(2)(M), 115(2) of B.N.S. 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.07 17:48:18 +0530 2 2. Case of the prosecution, in brief, is that on 16.07.2025 the complainant Smt. Sukhmati Kashyap W/o Shri Ramlal Kashyap lodged a missing report about her daughter. Subsequently, after receiving the information, the Investigation officer alongwith other accompanying police personnels went to the PS City Kotwali, Panipat and found the missing person Rainu Kashyap and subsequently brought back to Geedam. Later, the missing person was taken before the SDM, where she gave the statement on oath, that on 12.07.2025, her brother in law- Dinesh took her to Warangal for giving testimony in some case. They both sat in bus for Bhopalpattnam, and thereafter sat in bus for Warangal. Finally they reached Warangal at 5:00 PM. There, at night they stayed in the lodge, where the accused forcefully committed sexual intercourse upon her. Subsequently, the next morning, she was taken to Maharashtra and then through train they went to Delhi. From Delhi they both sat in the bus for Panipat. They finally reached Panipat at 7:00 PM. There while spending the night in the lodge, the accused again forced himself upon her and committed rape. The next morning, while travelling through bus, the accused went somewhere with his friend, taking benefit of this time, she took phone from a passerby and called his uncle and informed about the whole incident. Then she ran away to the nearest police station, informed about the whole incident. Subsequently, the police personnels of Police Station Geedam came and took her back to the Geedam. In light of the above information, the Police Station-Geedam, Dantewada registered Crime No. 72/2025 on 22.07.2025 and in consequence of the same applicant was arrested on 23.07.2025. 3 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant and the victim were in a consensual relationship, and due to pressure from her family members, a false case has been lodged. It is submitted that the FSL report is negative and material witnesses have already been examined. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 23.07.2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submission of learned counsel for the parties, materials available on record, perused the statement of the victim who is a major girl recorded under Section 183 BNSS, considering the fact that she voluntarily travelled with the applicant to various places, period of detention of the applicant since 23/07/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, without commenting anything on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Dinesh Rajput, involved in Crime No.72/2025 registered at Police Station Geedam, District Dantewada (C.G.) for the offence 4 punishable under Sections 137(2), 87, 64(2)(M), 115(2) of B.N.S. 2023, be released on bail on his furnishing a personal bond with two sureties, out of which, one shall be a local surety and the other a family member, 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 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri