1 2026:CGHC:19149 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2668 of 2026 Anshu Agrawal S/o Late Mahavir Prasad Agrawal, Aged About 38 Years R/o Flat No. 44, Housing Board Colony, Boriyakala, Raipur District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Khamardih, District- Raipur (C.G.) (As Per F.I.R ) ... Respondent For Applicant : Shri Manoj Paranjpe, Sr. Advocate with Shri Kabeer Kalwani, Advocate. For Respondent/State : Ms. Sameeksha Gupta, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/04/2026 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.398/2025 registered at Police Station Khamardih, District Raipur (C.G.) for the offence punishable under Sections 64, 296 & 351(3) of Bharatiya Nyaya Sanhita, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.27 15:37:41 +0530 2 2. Case of the prosecution, in brief, is that written complaint was made by the complainant/victim on 18.12.2025, she is part of the Wolf Pack bike group and during bike rides she met the present accused for the first time on 12.10.2025, Because of their acquaintance, applicant texted her on 10.11.2025, inviting her for a ride, She agreed for the bike ride, thereafter applicant asked her to come and sit comfortably at his house. Then they both went to the house of the applicant, where applicant took her to a room and began to force himself on her. Applicant then forcibly dragged her onto the bed and without her consent, repeatedly committed forceful sexual intercourse which caused her immense pain and suffering, she tried to call for help and resist the applicant, but no one heard or help her because all the doors and windows were closed. Thereafter, applicant repeatedly threatened her, saying, "I have photos and videos of you, which I will make viral if you don't come to me." She then went to meet applicant again on 03.12.2025, to see which photos and videos applicant had and to get them deleted. Applicant then again took her to his house again, but despite her refusal, he deceived her and forcibly took her to his room. She was well aware of his mentality, That, is the reason she was on the phone call with her friend, Aditya, and sent her location to him and asked for help. But applicant again began to force himself on her and switched off her mobile phone. During the forceful overact of the applicant, he removed her T-shirt and attempted to have forceful sexual intercourse with her again. Applicant also tried to remove her pant, kissed her all over her body and began abusing her. She tried to stop the applicant and tried to escape; therefore, she picked up her phone, at the same moment, she received a call from her friend Aditya, who 3 asked the flat no, because her father has arrived at the location, thereafter, somehow, she managed to get out of the house and went downstairs, and met with her father who was standing outside the building. Based on the victim/complainant written complaint, a F.I.R. has been registered against the applicant/accused for the offence punishable under section 64, 296, and 351(3) of the Bharatiya Nyaya Sanhita, 2023, and the applicant/accused was arrested on 07.01.2025. Hence this bail application. 3. It has been argued by learned counsel for the applicant that the victim is a major girl aged about 18 years and it appears that though the incident which has been complained of sexual assault is of 10/11/2025 and thereafter she again went along with the applicant to another place wherein physical relationship was established and when relationship could not materialize, she stated that the applicant had threatened her to make her video viral about their relationship, thereafter present FIR has been lodged. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 07/01/2026 and 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. Considering the facts and circumstances of the case, submission of learned counsel for the parties, materials available on record, perused 4 the statement of the victim who is a major girl aged about 18 years recorded under Section 183 BNSS, further the fact that the incident which has been complained of sexual assault is of 10/11/2025 and thereafter she again went along with the applicant to another place wherein physical relationship was established and when relationship could not materialize, she stated that the applicant had threatened her to make her video viral about their relationship, thereafter present FIR has been lodged, considering the period of detention of the applicant since 07/01/2026, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, without commenting anything on the merits of the case, 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- Anshu Agrawal, involved in Crime No.398/2025 registered at Police Station Khamardih, District Raipur (C.G.) for the offence punishable under Sections 64, 296 & 351(3) of Bharatiya Nyaya Sanhita, 2023, 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 5 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of receipt of this order in accordance with law, if there is no legal impediment. 9. 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