1 2026:CGHC:4482 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8428 of 2025 Ankit Khakha S/o Walter Khakha Aged About 30 Years R/o Vill.- Adarsh Nagar, P.S. Kunkuri, District : Jashpur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station Kunkuri, District : Jashpur, Chhattisgarh ... Respondent For Applicant : Shri Syed Ishhadil Ali, Advocate. For Respondent/State : Shri Saumya Rai, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/01/2026 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 96/2025 registered at Police Station Kunkuri, District : Jashpur, (C.G.) for the offence punishable under Sections 64, 332(b), 127(2), and 351(3) of BNS, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.28 18:29:23 +0530 2 2. Case of the prosecution, in brief, is that on 25.04.2025 the prosecutrix lodged a report at police station Kunkuri alleging that around 08:40 PM while she was walking near accommodation, she saw an unknown young man standing outside the room of another tenant named Sheli feeling uneasy, she returned to her own room without locking the door. Shortly thereafter, the said unknown person entered her room and requested water, when she handed over a bottle of water, he drank from it and then threw it inside the room. The said person then forcibly shut the door from inside pushed the prosecutrix onto the bed, and when she screamed he forcibly gagged her mouth, threatening to kill her if she resisted. Out of fear, the prosecutrix stopped resisting and the accused then forcibly removed her clothes, disrobed himself and allegedly committed forcible sexual intercourse upon her. The act continued for approximately half an hour based on her complaint, a criminal case was registered at police station Kunkuri as Crime No. 69/2025 under section 64, 332(b), 127(2) and 351(3) of the BNSS, 2023, against an unknown accused. During investigation the police allegedly identified the applicant as the person involved, based on a test identification parade and certain forensic findings the prosecutrix is stated to have identified the applicant during the TI parade the FSL report mentions the presence of human semen on the vaginal smear slide, undergarments of the prosecutrix, and the mattress seized from the spot, which allegedly supports the claim of sexual assault. The applicant was thereafter arrested on 27.04.2025. 3. Learned counsel for the applicant submits that this is the second bail application of the applicant and the first bail application of the applicant 3 was rejected by this Court on merits vide order dated 08/08/2025 vide MCRC No.6288/2025. He would submit that the applicant is a person of unsound mind and has been under continuous psychiatric treatment since 2016. He would submit that in view of Section 22 of the Bharatiya Nyay Sanhita, 2023, no offence is made out as the applicant, due to unsoundness of mind, was incapable of understanding the nature of the act or that it was wrong or contrary to law. It is further submitted that the police ignored the statutory protection available to persons of unsound mind and falsely implicated the applicant. He would submit that medical records of the applicant’s mental illness are placed on record as Annexure A/2. He would submit that the applicant’s abnormal conduct was even noticed by the jail authorities, who had to keep him separately and requested his family to arrange medicines, clearly indicating his mental condition. He would further submit that three prosecution witnesses including the victim has been recorded. He would submit that charge sheet has been filed, the applicant is in judicial custody since 27/04/2025 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 he would submit that charge sheet has been filed in this case before the competent court. He would submit that as per the report of the Medical Officer, Central Jail, Ambikapur it has been stated that the applicant is suffering from Bipolar disorder and he needs to be on medication continuously. 5. I have heard learned counsel for the parties and perused the materials available on record. 4 6. From perusal of the records, it transpires that this is the second bail application of the applicant and the first bail application of the applicant was rejected by this Court on merits vide order dated 08/08/2025 vide MCRC No.6288/2025. Considering the fact that the applicant is suffering from Bipolar disorder and he needs to be on medication continuously, charge sheet has been filed, applicant is in jail since 27/04/2025 and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the second bail application is allowed and it is directed that the Applicant- Ankit Khakha, involved in Crime No.96/2025 registered at Police Station Kunkuri, District : Jashpur, (C.G.) for the offence punishable under Sections 64, 332(b), 127(2), and 351(3) of BNS, 2023, be released on bail on his furnishing a 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, 5 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible, preferably within a period of four months from the date of receipt of this order in accordance with law, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri