1 2025:CGHC:61351 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9170 of 2025 Amar Janghel S/o Shri Poonam Janghel Aged About 33 Years R/o Shivanand Nagar, Near Sai Mandir, P.S. Khamtarai, Raipur, District Raipur C.G. ... Applicant(s) versus State Of Chhattisgarh Through P.S. Telibandha, District Raipur C.G. ... Non-applicant(s) For Applicant : Mr. Rajeev Shrivastava, Senior Advocate along with Mr. Kashif Shakeel, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.12.2025 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. 560/2025, registered at Police Station Telibandha, District : Raipur (C.G.) for the offence punishable under Sections 64(2)(m) and 69 of the BNS. 2. The prosecution story, in brief is that a complaint has been lodged by the victim (23 years old) that she is presently working as house KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 maid & met the present applicant through one Navin Janghel. Thereafter the present applicant took her to Hotel Triton on 19.08.24 and established sexual intercourse on the pretext of marriage and later on took her to same hotel and other places for few more occasions on the same pretext and therafter when he refused to do so, she lodged an FIR against the present applicant for the aforesaid offences. 3. Learned counsel for the applicant submits that the victim is a major girl aged about 23 years. It is further submitted that the victim was in a voluntary love relationship with the applicant since 2024. During the subsistence of the said relationship, the victim and the applicant, out of their own free will and consent, established physical relations on several occasions. It is further submitted that the relationship between the parties was consensual in nature and not the result of any force, coercion or misrepresentation. He further submits that the allegations regarding physical relationship on the pretext of marriage are false and concocted, as the relationship continued for a considerable period with the full knowledge and consent of the victim. Even the alleged pregnancy occurred during the course of a consensual relationship. Therefore, it is submitted that the essential ingredients of the alleged offences are not made out and the applicant has been falsely implicated in the present case and is in jail since 02.09.2025 and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail 3 application and submits that the charge-sheet has been filed in the present case. It is further submitted that as per the statement of the victim recorded under Section 183 of the BNSS, it transpires that the applicant has committed sexual intercourse many times at many places with the victim on the pretext of marriage and thereafter, he failed to do so. Therefore, the applicant is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case and statement of the victim recorded under Section 183 of the BNSS, nature and gravity of allegation leveled against the applicant, further the fact that the victim is a major girl aged about 23 years, victim and applicant were acquainted to each other since 2024 and they were in consensual relationship and when their relationship could not be materialized, she lodged present FIR against the applicant to harass him, further in the present case, charge-sheet has been filed before the competent Court, the applicant is in jail since 02.09.2025 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. 7. Accordingly, the bail application is allowed. 8. Let applicant – Amar Janghel involved in Crime No. 560/2025, registered at Police Station Telibandha, District : Raipur (C.G.) for the offence punishable under Sections 64(2)(m) and 69 of the BNS, 4 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 sufÏcient 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 5 absence of the applicant is deliberate or without sufÏcient 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. OfÏce 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 Kunal