1 2026:CGHC:1208 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 79 of 2026 Anand Kumar S/o Parmeshwar Yadav Aged About 35 Years Resident of Village- Budar, Police Station Patna Tahsil Baikunthpur District- Koriya (C.G.) ... Applicant versus State of Chhattisgarh Through- The Station House O4cer, Police of Police Patna, District- Koriya (C.G.) ... Non-applicant For Applicant : Mr. Anil Gulati, Advocate. For Non-applicant/State : Mr. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 08.01.2026 1. This is the First bail application 9led 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. 175/2025 registered at Police Station : Patna, District – Koriya (C.G.) for the o=ence punishable under Sections 64(2)(K)(M) and Section 127(3) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the brief facts of the prosecution case, the FIR was lodged by the maternal aunt of the victim alleging, inter alia, that her niece, who is a specially abled child, had been residing at her house for the last two months. On 27.08.2025 at about 11:00 a.m., the victim went towards the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.01.09 12:11:04 +0530 2 road for grazing the cows and did not return. On 30.08.2025, it came to light that the applicant had taken the victim on a motorcycle. Thereafter, she sent her uncle to the house of the applicant, where it was revealed that the applicant’s house was locked from the outside. On the same day, one of the persons residing in the same locality informed him that the victim was locked in a house situated at Amraiya Budar. Subsequently, the family members of the victim went there, brought the victim back home, and upon her return, the victim informed them that the applicant had established a forceful physical relationship with her. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He submits that the MLC of the victim does not support the prosecution case, as no injuries were found when the victim was medically examined. As per the prosecution, the victim is a specially abled person; however, no document has been produced on record to demonstrate that the victim is a specially abled person. He also submits that the applicant and the maternal aunt of the victim reside in the same locality, and there was previous enmity between them, due to which the applicant has been falsely implicated in the present criminal case. He submits that the present applicant has no criminal antecedents and he is in jail since 13.09.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted in the present case before the competent Court. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case, the nature and gravity of the o=ence, and upon perusal of the statement of the victim recorded under Section 183 of the BNSS, it appears that the applicant is alleged to have committed sexual intercourse with the victim, who is stated to be a mentally retarded woman. However, there is no documentary evidence available to substantiate that the victim is mentally retarded. Further, the MLC and FSL reports are also found to be negative. Moreover, the charge-sheet has already been submitted before the competent Court in the present case, and the applicant has been in judicial custody since 13.09.2025. As the trial is likely to take some time for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Anand Kumar, involved in Crime No. 175/2025 registered at Police Station : Patna, District – Koriya (C.G.) for the o=ence punishable under Sections 64(2)(K)(M) and Section 127(3) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall 9le an undertaking to the e=ect that he shall not seek any adjournment on the dates 9xed 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 9xed, either personally or through his counsel. In case of his absence, without su4cient cause, 4 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 9xed 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 9xed 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 su4cient 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. O4ce is directed to send a certi9ed copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek