1 2026:CGHC:16900 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3322 of 2026 Tausif Khan S/o Latif Khan Aged About 30 Years R/o Pt. Deendayal Upadhyay Ward, Tawatpara, Jagdalpur, Bodhghat, Bastar (C.G.) ... Applicant versus State Of Chhattisgarh Through - The Station House Officer, Police Of Police Bodhghat, District – Bastar (C.G.) ... Non-applicant For Applicant : Mr. Ramsajiwan, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 90/2026, registered at Police Station Bodhghat, District – Bastar (C.G.) for the offence punishable under Section 69 of the BNS. 2. The prosecution story, in brief, is that the victim made complaint to the Police Station concerned that her husband died in the year 2015 and on the basis of the compassionate appointment, in his place, she joined the duty in the Police Department. She is also having one child who aged about 13 years. In the year 2023, the applicant come into contact of the victim and in the month of January, 2024, during her birth day, the applicant came in the house of the victim and about about 12.00 hrs, the applicant made sexual intercourse with the victim RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 against her will and wish, thereafter, again on 14.03.2025, during the festival of the Holy, the applicant came in her house and made sexual intercourse with her. Again on 05.03.2026, the applicant against committed sexual intercourse with her by entering her house and by threatening to the victim. On the basis of said complaint, the Police registered the FIR and arrested the victim. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the victim is a lady aged about 35 years and though the applicant is a married person, but the victim being conscious about this fact, kept being in contact with the applicant and a physical relationship with established between them, and the incident is of January, 2024, and the FIR was lodged on 07.03.2026, and there is no explanation given for the delay in lodging the FIR. It is also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 08.03.2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. It is further submitted that the applicant has forcibly committed sexual intercourse many times with the victim by threatening her and by entering her house. Therefore, the applicant is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 3 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant and period of detention in jail, further the fact that the victim is a lady aged about 35 years and though the applicant is a married person, but the victim being conscious about this fact, kept being in contact with the applicant and a physical relationship with established between them, and the incident is of January, 2024, and the FIR was lodged on 07.03.2026, and there is no explanation given for the delay in lodging the FIR, also the fact that the charge-sheet has been filed in the present case, the applicant is in jail since 08.03.2026 and the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let applicant – Tausif Khan, involved in Crime No. 90/2026, registered at Police Station Bodhghat, District – Bastar (C.G.) for the offence punishable under Section 69 of the BNS, 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, proclamation under Section 84 of BNSS. is issued and 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar