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Chattisgarh High Court
Pushpendra Bareth vs State Of Chhattisgarh on 16 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12522
Digitally
signed by
VAISHALI
VAISHALI LUCKY
LUCKY NAGARIA
NAGARIA Date: NAFR
2026.03.17
16:46:16
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1468 of 2026
• Pushpendra Bareth S/o Jagmohan Bareth Aged About 29 Years
Caste Dhobi, R/o Village Lavsara P.S. Tahsil Baradwar District Sakti,
Chhattisgarh.
... Applicant(s)
versus
• State of Chhattisgarh Through Station Incharge Officer Police Station
Baradwar, District Sakti, Chhattisgarh.
... Respondent(s)
(Cause title is taken from Case Information System)
For Applicant(s) : Mr. Amitabh Verma, Advocate
For Respondent(s) : Mr. Shubham Bajpai, Panel Lawyer
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
16.03.2026
1. The applicant has preferred this First Bail Application under Section
483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of
regular bail, as he has been arrested in connection with Crime No.
296/2025, registered at Police Station - Baradwar, District - Sakti
(C.G.) for the offence punishable under Sections 64(1), 332(b), 351(2)
of the Bharatiya Nyaya Sanhita, 2023 (BNS).
2. The case of the prosecution, is that on 25.11.2025 was sleeping with
her son when a person enters her home & started touching her hand
& when she realized and tried to shout then person covered the
complaints mouth & threatened to kill her then made forceful
physical relation and committed rape. That, when complainant saw
the person in the light of bulb then she realized that the person who
committed rape was Pushpendra Bareth and saw it was 10.55 PM
and my son woke up and also saw that Pushpendra Bareth was
running away. That, the complainant then told her husband who was
in Korba (Dipka) about the incident then the F.I.R. was lodged on
26.11.2025 and the applicant was arrested on 28.11.2025.
3. It is argued by the learned counsel for the applicant that the
applicant is innocent and has falsely been implicated in this case and
there is no criminal antecedents registered against the present
applicant. It is further submitted that the victim as well as her
husband have turned hostile and have not supported the
prosecution's case and the charge-sheet has been filed in this case.
The applicant is in jail since 29.07.2025 and trial is likely to take
quite long time for its conclusion, therefore, he prays for grant of bail.
4. On the other hand, the learned State counsel opposes the bail
application and submits that there are four criminal antecedents
registered against the present applicant, and the charge-sheet has
been filed in this case.
5. I have heard learned counsel for the parties and perused all of the
documents available on record.
6. Taking into consideration the facts and circumstances of the case,
nature and gravity of allegation levelled against the applicant and the
fact that the victim as well as her husband have turned hostile and
have not supported the prosecution's case, charge-sheet has been
filed against the applicant, the applicant is in jail since 28.11.2025
and conclusion of the trial is likely to take some time, I am inclined to
allow this application.
7. Let applicant, Pushpendra Bareth, involved in Crime No.296/2025,
registered at Police Station - Baradwar, District - Sakti (C.G.) for the
offence punishable under Sections 64(1), 332(b), 351(2) of the
Bharatiya Nyaya Sanhita, 2023 (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
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
Vaishali
