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Chattisgarh High Court
Dinesh Rajput vs State Of Chhattisgarh on 7 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
GOURI
MUDALIAR
Digitally signed by 2026:CGHC:15861
GOURI MUDALIAR
Date: 2026.04.07
17:48:18 +0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 3108 of 2026
Dinesh Rajput S/o Ganesh Rajput Aged About 27 Years R/o Rangeli Ward,
Ward No. 8, P.S. Rangeli, District- Morang (Kathmandu) Nepal, At Present
R/o- Vemulavada, Near Shiv Mandir, Rafiq Khan's House, P.S. Vemalavada,
Dist.- Raganna Sircilla, Telangana.
... Applicant
versus
State Of Chhattisgarh Through- Station House Officer, Geedam, District-
Dantewada (C.G.)
... Respondent
For Applicant : Shri Sudhir Kumar Bajpai, Advocate.
For : Ms. Palak Dwivedi, PL.
Respondent/State
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
07/04/2026
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.72/2025 registered at Police Station Geedam, District Dantewada
(C.G.) for the offence punishable under Sections 137(2), 87, 64(2)(M),
115(2) of B.N.S. 2023.
2. Case of the prosecution, in brief, is that on 16.07.2025 the complainant
Smt. Sukhmati Kashyap W/o Shri Ramlal Kashyap lodged a missing
report about her daughter. Subsequently, after receiving the
information, the Investigation officer alongwith other accompanying
police personnels went to the PS City Kotwali, Panipat and found the
missing person Rainu Kashyap and subsequently brought back to
Geedam. Later, the missing person was taken before the SDM, where
she gave the statement on oath, that on 12.07.2025, her brother in law-
Dinesh took her to Warangal for giving testimony in some case. They
both sat in bus for Bhopalpattnam, and thereafter sat in bus for
Warangal. Finally they reached Warangal at 5:00 PM. There, at night
they stayed in the lodge, where the accused forcefully committed
sexual intercourse upon her. Subsequently, the next morning, she was
taken to Maharashtra and then through train they went to Delhi. From
Delhi they both sat in the bus for Panipat. They finally reached Panipat
at 7:00 PM. There while spending the night in the lodge, the accused
again forced himself upon her and committed rape. The next morning,
while travelling through bus, the accused went somewhere with his
friend, taking benefit of this time, she took phone from a passerby and
called his uncle and informed about the whole incident. Then she ran
away to the nearest police station, informed about the whole incident.
Subsequently, the police personnels of Police Station Geedam came
and took her back to the Geedam. In light of the above information, the
Police Station-Geedam, Dantewada registered Crime No. 72/2025 on
22.07.2025 and in consequence of the same applicant was arrested on
23.07.2025.
3. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. It is further
submitted that the applicant and the victim were in a consensual
relationship, and due to pressure from her family members, a false
case has been lodged. It is submitted that the FSL report is negative
and material witnesses have already been examined. He would submit
that the charge sheet has been filed in this case, the applicant is in jail
since 23.07.2025 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
the statement of the victim who is a major girl recorded under Section
183 BNSS, considering the fact that she voluntarily travelled with the
applicant to various places, period of detention of the applicant since
23/07/2025, 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- Dinesh Rajput, involved in Crime No.72/2025 registered at
Police Station Geedam, District Dantewada (C.G.) for the offence
punishable under Sections 137(2), 87, 64(2)(M), 115(2) of B.N.S. 2023,
be released on bail on his furnishing a personal bond with two
sureties, out of which, one shall be a local surety and the other a
family member, 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 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
