1 2025:CGHC:55903 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8248 of 2025 Kanha Kaushal Alais Yadav S/o Shri Rajendra Kaushal Aged About 27 Years R/o Prabhat Chowk, Chingrajpara, Sarkanda, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Sarkanda, District Bilaspur, Chhattisgarh ...Non-applicant For Applicant : Mr. Yashkarn Singh, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.11.2025 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. 1084/2025, registered at Police Station – Sarkanda District – Bilaspur (C.G.) for the offence punishable under Sections 69 and 351(2) of the BNS 2023. 2. The prosecution, in brief, is that the FIR the complainant and her husband had a sour relationship resulting in leaving her matrimonial house and her two kids. The complainant dye to the fallout of her VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.18 12:38:23 +0530 2 marriage started staying her maternal house where she would work as a laborer and would meet the present applicant, the applicant forced the complainant into having sexual relationship with her in a Hotel hence the present the FIR dated 10.08.2025 under section 69 and 351(2) of the of the BNS, 2023. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits that applicant is 27 years old and the sole breadwinner of his family, earning his livelihood as a labourer to support his wife and child, who are now suffering financial hardship due to his incarceration; that the FIR itself narrates that the complainant willingly accompanied the applicant to the hotel, and the present case has been initiated only due to the subsequent fallout in their consensual relationship; that both the complainant and the applicant, though married, were voluntarily involved with each other, and the FIR is an afterthought lodged after an unexplained delay of 10 days, apparently due to the applicant’s refusal to leave his family; that the complainant has misused the criminal justice system out of frustration and vengeance, and the applicant’s name has been unnecessarily inserted in the FIR without any credible basis; that none of the depositions recorded during the long-pending trial have supported the allegations enumerated in the FIR, which appears to be a concocted and malicious narrative aimed at destroying the applicant’s life and career; that the applicant has already undergone considerable incarceration, the charge-sheet has been filed and he is in jail since 12.08.2025, therefore he prays for grant of applicant on 3 bail. 4. On the other hand learned State counsel State opposes the bail application of the present applicant and submits that the present applicant on the pretext of marriage established physical relationship with the victim and thereafter denied, therefore, he is not entitled for grant of regular bail. 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 of the allegations leveled against the applicant, and the fact that, as per the statement under Section 183 of the BNSS, the victim who is a major and was in a consensual relationship with the applicant during which a sexual relationship was established, and thereafter, their relationship could not materialize, consequently leading to the lodging of the present FIR, and further considering that the applicant has been in jail since 12.08.2025 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. 7. Let applicant, Kanha Kaushal Alais Yadav, involved in Crime No. 1084/2025, registered at Police Station – Sarkanda District – Bilaspur (C.G.) for the offence punishable under Sections 69 and 351(2) of the BNS 2023, be released on bail on furnishing 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav