1 2025:CGHC:60613 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10261 of 2025 Rajeev Kumar S/o Lallan Singh Aged About 22 Years R/o Katorva, Mocharim, District- Gaya, Bihar. ... Applicant versus 1 - State Of Chhattisgarh Through Police Station Manipur, District – Sarguja, Chhattisgarh. 2 – Xyz, D/o Xyz, R/o Xyz (Complainant) ... Non-applicant For Applicant : Mr. Amishan Hussain, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. For Complainant/ Respondent No.2 : Ms. Nupur Trivedi, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.12.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 273/2025, registered at Police Station Manipur, District – Sarguja (C.G.) for the offence punishable under Section 69 and 351(3) of the BNS. 2. The prosecution story, in brief, is that in year 2023 the complainant met with the Applicant in Bodhgaya, Bihar through one of her common friends namely Shama Khan and since then both the Applicant and complainant remain in touch through phone calls. That, on date of complainant's birthday i.e. 08.01.2024 the Applicant came to RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 complainant's house (Mathpara) with marriage proposal, upon believing the love and marriage proposal of Applicant the complainant introduced Applicant with her family and subsequently the family of the complainant agreed for the marriage of both the parties, since then the Applicant and complainant started living together as a husband wife and has indulged in a sexual relationship multiple times, due to which the complainant got to know about her pregnancy in the month of February, 2025, it has been alleged that the Applicant was not happy with the said pregnancy news and further he has asked the complainant for an abortion and started misbehaving, also during this course the Applicant left the complainant and went back to Bihar. That, on 18.08.2025 the complainant is blessed with a baby girl but still the Applicant didn't come back to complainant and has also cut all communication. That, upon the said allegations a FIR has been lodged against the applicant. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the applicant and the victim/respondent No.2 are major persons aged about 22 and 23 years respectively, and they were in a relationship since year 2024, and out of the wedlock a child has also born, and both of them are living together happily. It is also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 24.11.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of regular bail. 3 5. Learned counsel for the Complainant/respondent No.2 raised no objection to the bail application of the applicant, and admits that the applicant and the complainant are living happily together. 6. I have heard learned counsel for the parties and perused the materials available on record. 7. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant and period of detention in jail, further the fact that the applicant and the victim/respondent No.2 are major persons aged about 22 and 23 years respectively, and they were in a relationship since year 2024, and out of the wedlock a child has also born, and both of them are living together happily, also the fact that the charge-sheet has been filed in the present case, the applicant is in jail since 24.11.2025 and the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let applicant - Rajeev Kumar involved in Crime No. 273/2025, registered at Police Station Manipur, District – Sarguja (C.G.) for the offence punishable under Section 69 and 351(3) of the BNS, be released on bail on his furnishing a personal bond with two local 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. 4 (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. 9. 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 Rajshekhar