1 2026:CGHC:621 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10497 of 2025 Shubham Dubey S/o Paras Dubey Aged About 24 Years R/o Village - Rampur, Police Station - Kartala, District - Korba Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station - Kartala, District - Korba Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Chandrikaditya, Advocate. For Respondent(s) : Ms. Nupur Trivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/01/2026 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. 136/2025 registered at Police Station Kartala, District - Korba (C.G.) for the offence punishable under Sections 64(2)(m), 296, 115(2) of BNS. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that the victim was married in the year 2023 to Rajkumar Patel of Nawapara according to social customs. Her maternal relatives reside at village Rampur, Pushpanjali Chowk, which she used to visit frequently. In December 2024, while staying at her maternal uncle Bharat Patel’s house at Rampur, she came in contact with one Shubham Dubey, a resident of her uncle’s neighborhood. It is alleged that Shubham Dubey induced the victim into a relationship by promising to marry her and keep her happy. On this pretext, he took her to his house and, against her will, forcibly established physical relations with her, assuring her that he would marry her. Thereafter, he took her to Odisha on the promise of marriage, where he again had physical relations with her. On returning, they stayed together for a few days at Rampur and later at Chhindpur. Subsequently, Shubham Dubey allegedly started abusing and assaulting her, demanded money, and ultimately abandoned her on 17.08.2025 at a rented house in Sakti and fled. Accordingly, an offence has been registered against the applicant/accused at Police Station Kartala, District Korba, in Crime No. 136/2025 under Sections 69, 296, and 115(2) of the Bharatiya Nyaya Sanhita, 2023. 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 victim is a married woman and she came in contact with the applicant in the year 3 2024 and they were in consensual relationship since then, wherein victim was a consenting party and when their relationship could not be materialized, victim lodged present FIR against the applicant to harass him. The applicant is in jail since 29.08.2025, the applicant has no criminal antecedent, charge-sheet has been filed 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 on false pretext marriage, present applicant took her to his house and, against her will, forcibly established physical relations with her, thereafter, he took her to Odisha on the promise of marriage, where he again had physical relations with her, therefore, present 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 29.08.2025, the fact that though the applicant allegedly established physical relationship with the victim on multiple occasion on false pretext of marriage, but considering the fact that victim was a major woman at the time of incident, they were acquainted to each other since 2024 and there was consensual 4 relationship between them, wherein victim was the consenting party and when their relationship could not be materialized, present FIR has been lodged by the victim against the applicant, also considering the statement of victim recorded under Section 183 of BNSS, further the applicant has no criminal antecedent and charge-sheet has been filed, as such, this 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. 7. Accordingly, the application is allowed. 8. Let the Applicant-Shubham Dubey, involved in Crime No. 136/2025 registered at Police Station Kartala, District - Korba (C.G.) for the offence punishable under Sections 64(2)(m), 296, 115(2) 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, 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil