1 2026:CGHC:18944 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3716 of 2026 Nilesh Ram Bhagat S/o Karmu Ram Bhagat Aged About 22 Years R/o - Dumartoli Alori, Chouki - Sonkyari, P.S. Sanna, District - Jashpur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through - Station House Officer (S.H.O.) P.S. - Sanna, District – Jashpur (C.G.) ... Non-applicant For Applicant : Mr. Ashish Gupta, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.04.2026 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. 93/2025, registered at Police Station Sanna, District – Jashpur (C.G.) for the offence punishable under Section 64(1), 115(2) and 87 of the BNS. 2. The prosecution story, in brief, is that when the victim going to her matrimonial house on the way the applicant forcefully stopped and dragged her into a forest area and committed sexual intercourse with her due to the above incident victim made report before the Police Station concerned, on the basis of above report the Police has registered the crime for the said offence. Hence, this application. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 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 major lady, and though the allegation of rape is levelled against the applicant, but when the applicant and the victim were seen in a compromising position by her aunt, and to escape her insult she had lodged the FIR against the applicant, and she was the consenting party. It is also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 11.10.2025 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 committed sexual intercourse with the victim against her will, when she was going to her matrimonial home. 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. 6. Considering the facts and circumstances of the case, further the fact that the victim is a major lady, and though the allegation of rape is levelled against the applicant, but when the applicant and the victim were seen in a compromising position by her aunt, and to escape her insult she had lodged the FIR against the applicant, and she was the 3 consenting party, also the fact that the charge-sheet has been filed in the present case, the applicant is in jail since 11.10.2025 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 - Nilesh Ram Bhagat, involved in Crime No. 93/2025, registered at Police Station Sanna, District – Jashpur (C.G.) for the offence punishable under Section 64(1), 115(2) and 87 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 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 4 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