1 2026:CGHC:18202 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2166 of 2026 Irfan Bakshi S/o Akbar Bakshi Aged About 31 Years R/o M.No. 330/2026 Mudapar Masjid Ke Pass, Chowki Manikpur, Korba, Tahsil And District Korba ... Applicant(s) versus State Of Chhattisgarh Through- Police Station- Kotwali Korba, District Korba ... Respondent(s) For Applicant(s) : Mr. Vikas Kumar Pandey, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/04/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 111/2026 registered at Police Station Kotwali Korba, District Korba (C.G.) for the offence punishable KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 under Section 69 of BNS. 2. Case of the prosecution, in brief, is that the victim, a divorcee having a child of 15 year old from her previous marriage, was residing as a tenant in the house of the accused from 2016 to 2018. During this period, the accused developed proximity with her and allegedly established physical relations on the false promise of marriage and assurance to accept her and her child. It is further alleged that when the victim became pregnant, the accused got her pregnancy terminated. On the basis of a written complaint, the offence was registered against the accused, and investigation was taken up. Thereafter, the applicant was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the victim is a divorcee and has a child aged about 15 years from her previous marriage, she, along with her child, resided as a tenant in the house of the applicant during the period from 2016 to 2018, and during the said period, the applicant developed close proximity with her and established a physical relationship, wherein the victim was a consenting party. He also submits that upon coming to know that the applicant was getting married to another woman, the victim, with an intention to harass the applicant, lodged the present FIR. The applicant is in jail since 05.02.2026, the applicant has no criminal antecedent, charge-sheet has been filed 3 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant allegedly by inducing the victim on the false promise of marriage and assurance to accept her and her child, obtained her consent under deception and established physical relations with her, and further caused termination of her pregnancy, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 05.02.2026, the fact that victim is a divorcee and has a child aged about 15 years from her previous marriage, she, along with her child, resided as a tenant in the house of the applicant during the period from 2016 to 2018 and during the said period, the applicant developed close proximity with her and established a physical relationship, wherein the victim was a consenting party, and when the victim came to know that the applicant was getting married to another woman, she with an intention to harass the applicant lodged present FIR against him, further the applicant has no criminal antecedent and charge-sheet has been filed, this 4 Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Irfan Bakshi, involved in Crime No. 111/2026 registered at Police Station Kotwali Korba, District Korba (C.G.) for the offence punishable under Section 69 of 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, 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Kunal