1 2026:CGHC:11724 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 802 of 2026 Avinash Kumar S/o Sudhir Kumar, Aged About 26 Years R/o Nai Pokhar, Rajgir, District- Nalanda (Bihar) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police, Station Balod, District- Balod (C.G.) ... Respondent For Applicant : Shri Sabyasachi Bhaduri, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/03/2026 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.482/2025 registered at Police Station Balod, District- Balod (C.G.) for the offence punishable under Section 64 of Bhartiya Nyay Sanhita. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.03.12 17:37:32 +0530 2 2. Case of the prosecution, in brief, is that, the prosecutrix made written complaint to the Police Station on 06-11-2025 stating therein that on 03-11-2025 at about 11.30 PM (in the night), when the prosecutrix was in her home along with her three children and also with two other children of her sister-in-law, when her husband was out of home for some work and for closing the house, when she saw the light of Balcony was switched on, she called the present applicant who is residing in their house as tenant to switch off the light who then told the prosecutrix to come inside the room and switch off the light and when she got inside of his room, he caught hold of her hand with wrong intention. She, then got release her hand and tried to come back inside of her house, at that time, the present applicant forcefully pulled the prosecutrix inside her room and forcefully committed rape with her and even after when the prosecutrix told him that he is doing wrong thing, the present applicant did not release her and only released after forcefully raping her. After the said incident, the prosecutrix came inside her room and slept and in the morning she narrated the incident to her mother-in-law and her sister-in-law and on 05-11- 2025, they all informed about the said incident to her husband and then after on 06- 11-2025, made complaint against the applicant at about 3.23 PM, upon which the offence as mentioned above has been registered. 3. Learned counsel for the applicant submitted that the applicant is languishing in jail since 06/11/2025 and so far as the status of the trial is concerned, out of 15 prosecution witnesses 3 prosecution witnesses have been examined including the victim who has turned hostile. He would submit that the charge sheet has been filed in this case and 3 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. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, further considering the fact that out of 15 prosecution witnesses 3 prosecution witnesses have been examined including the victim who has turned hostile, period of detention of the applicant since 06/11/2025, charge sheet has been filed 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 bail application is allowed and it is directed that the Applicant- Avinash Kumar, involved in Crime No.482/2025 registered at Police Station Balod, District- Balod (C.G.) for the offence punishable under Section 64 of Bhartiya Nyay Sanhita, be released on bail on his furnishing a personal bond with two local 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 4 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 send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri