MCRC/9228/2026 of SURESH DORA Vs THE STATE OF CHHATTISGARH on 14 October 2026

1. The applicant has preferred this first bail application under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 as he is in jail since 13.05.2026 in connection with Crime No. 88/2026 registered in Police Station – Patewa, District Mahasamund (CG) for commission of offence punishable under Sections 62, 64, 296, 351(2), 127(2), 74, 75(2) & 332(b) of BNS.

2. As per case of prosecution, the victim who is a married lady lodged a written report at Police Station Patewa against the present applicant to the effect that on 13.05.2026, he entered in her house and threatened her and committed sexual intercourse with her. On such complaint, the police registered the offence as stated above.

3. Learned counsel appearing for the applicant would submit that there are old criminal antecedents of the present applicant registered in the year 2016, 2020, 2022 and 2023 and all those cases have been disposed of. He would further submit that though there is allegation of sexual assault against the applicant, but victim has already been examined and she has not supported the case of prosecution. He would submit that the victim denied the suggestion putforth by the Public Prosecutor. It is also contended that the applicant is in jail since 13.05.2026, thus, he would pray for grant of bail.

4. On the other hand, learned Panel Lawyer appearing for the State/non- applicant would oppose. He would submit that in the statement recorded under Section 183 of BNSS, the victim made serious allegation of sexual assault against the present applicant, therefore, this bail application deserves to be dismissed.

5. I have heard learned counsel for the parties and perused the case diary.

6. Having considered the facts that at present, there is no criminal antecedent against the applicant, the victim has already been examined and she has not supported the case of prosecution even she denied the suggestion putforth by the Public Prosecutor; charge-sheet has already been filed, applicant is in jail since 13.05.2026 and at present, he has no criminal antecedent, without commenting anything on merits of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed.

7. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the

satisfaction of the concerned Trial Court, he shall be released on bail on the following conditions:- I. He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such fact to the Court;

II. He shall not act in any manner which will be prejudicial to a fair and expeditious trial;

III. He shall appear before the trial Court on each and every date given to him by the said Court till the disposal of the trial; and,

IV. He shall not involve himself in any offence of a similar nature in future.

8. The observation made in the course of this order is only for considering the case of the applicant on the application for the grant of regular bail. The concerned trial Court shall not be influenced or bound by any observation made in the course of this order.

9. Certified copy as per rules. Sd/-

(Rakesh Mohan Pandey)

Judge vatti