BAJRANG ALIYAS BABU JAISWAL v. STATE OF CHHATTISGARH
MCRC/557/2026 · 2026-01-14
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[ 2026 DAILYLAW 515 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 515 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:2492
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 557 of 2026 • Bajrang Aliyas Babu Jaiswal S/o Dadhibal Jaiswal Aged About 25 Years R/o Mauhapali, Thana Sarangarh, Distt. Sarangarh Bilaigarh C.G.
... Applicant versus • State Of Chhattisgarh Through The Station House Officer, Police Station City Sarangarh, Distt. Sarangarh Bilaigarh C.G.
... Non-applicant (Cause title taken from Case Information System) For Applicant : Mr. Awadh Tripathi, Advocate. For State/Non-applicant : Mr. Vinod Kumar Tekam, G.A.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 15.01.2026
1. This is the second bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.184/2025 registered at Police Station Kotwali, Sarangarh (C.G.) for the offence punishable under Sections 64(2)(M), 351(2) of BNS.
2. The first bail application of the applicant was rejected by this Court vide
order dated 18.07.2025 passed in MCRC No.5638/2025.
3. The prosecution story in brief, is that the applicant allegedly engaged in sexual intercourse with the victim on multiple occasions on 26.04.2021, DEEPTI JHA Digitally signed by DEEPTI JHA
2 in various hotels near Madhyanagari Chowk in Bilaspur, Chhattisgarh, in 2022, and in 2024, when the applicant visited the victim’s house at night. The most recent incident reportedly occurred on 25.02.2025, when the applicant allegedly committed sexual intercourse against the victim's will, recorded a video, and threatened to make it public. The applicant purportedly showed the video to the victim, which led to the termination of her marriage. Consequently, the victim lodged a report on April 25, 2025, under Sections 64(2)(M) and 351(2) of the Bharatiya Nyaya Sanhita (BNS). Hence, the bail application.
4.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in crime in question. It has been further submitted that the statement of victim has already been recorded, which shows that she was having an affair with the applicant. He further submits that the status of the trial is concerned out of 23 witnesses, only victim’s statement has been recorded. It is further submitted charge-sheet has already been filed and the applicant is in jail since 26.04.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, particularly considering the statement of the victim, which shows she is
3 having an affair with the applicant and further considering the fact that charge-sheet has been filed and the applicant is in jail since 26.04.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 8. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Bajrang Aliyas Babu Jaiswal, involved in Crime No.184/2025 registered at Police Station Kotwali, Sarangarh (C.G.) for the offence punishable under Sections 64(2)(M), 351(2) of BNS, 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita.
(iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail 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
4 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. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously, as possible within a period of four months from the date of receipt of this order in accordance with law, if there is no legal impediment. 10. 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