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Chattisgarh High Court
Ramvriksh @ Ghutariya vs State Of Chhattisgarh on 20 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:17917
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 3550 of 2026
Ramvriksh @ Ghutariya S/o Late Rupan, Aged About 40 Years R/o Village
Pakni, Police Station Chandoura, District- Surajpur (C.G.)
... Applicant
versus
State of Chhattisgarh Through The Station House Officer, Police Station
Chandoura, District- Surajpur (C.G.)
... Non-applicant
For Applicant : Mr. V.K. Pandey, Advocate.
For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer.
Digitally signed
by ABHISHEK
Hon'ble Shri Ramesh Sinha, Chief Justice
SHRIVAS
ABHISHEK
Date:
SHRIVAS 2026.04.21
11:35:37
Order on Board
+0530
20.04.2026
1.
This is the First bail application filed under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant
who has been arrested in connection with Crime No. 16/2026 registered
at Police Station : Chandoura, District - Surajpur (C.G.) for the offence
punishable under Section 64(2)(M) of the Bhartiya Nyaya Sanhita, 2023.
2. The prosecution story, in brief, is that on 01.02.2026 at about 10:00 p.m.,
it is alleged that the present applicant repeatedly committed sexual
intercourse with the victim at his house, in respect of which the victim
lodged an FIR on 06.02.2026.
3. Learned counsel for the applicant submits that the present
applicant/accused is an innocent person who has been falsely implicated
in the present case. He submits that there is an inordinate delay of five
days in lodging the FIR, which creates serious doubt regarding the
alleged incident. He further submits that the victim is a major woman and
a widow, aged about 35 years, and that the medical report does not
confirm the factum of rape. He also submits that the present applicant
has no criminal antecedents and has been in jail since 13.02.2026. As
the conclusion of the trial may take some time, he therefore prays for the
grant of regular bail to the present applicant.
4. On the other hand learned State counsel opposes the bail application of
the present applicant and submits that the charge-sheet has already
been submitted before the competent Court in the present case. She
submits that on 01.02.2026 at about 10:00 p.m., the present applicant
repeatedly committed sexual intercourse with the victim at his house. She
further submits that, in respect of the said incident, the victim lodged the
FIR on 06.02.2026, and that the allegations against the applicant are
serious in nature, therefore, the applicant is not entitled for grant of
regular bail in the present case.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts and circumstances of the case, the nature and
gravity of the offence, and upon perusal of the statement of the victim
recorded under Section 183 of the BNSS, it transpires that the victim,
aged about 35 years, is a widow and that she and the applicant were
known to each other. It further appears that the applicant had made
promises to the victim that he would keep her, pursuant to which they
entered into a consensual physical relationship, and the victim was a
consenting party. Further, considering that the charge-sheet has already
been submitted before the competent Court and that the applicant has
been in custody since 13.02.2026, and that the trial is likely to take some
time to conclude, I am of the opinion that the applicant is entitled to be
released on bail in this case.
7. Let applicant, Ramvriksh @ Ghutariya, involved in Crime No. 16/2026
registered at Police Station : Chandoura, District - Surajpur (C.G.) for the
offence punishable under Section 64(2)(M) of the Bhartiya Nyaya
Sanhita, 2023, be released on bail on his furnishing a personal bond
with two sureties in the like amount 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
concerned forthwith for necessary information and compliance.
Sd/-
(Ramesh Sinha)
Chief Justice
Abhishek
