1 2026:CGHC:514 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10203 of 2025 1 - Badshah Khan S/o Baba Khan Aged About 29 Years R/o House No. 08/a, Block Number 01, Road No. 09, Bhilai Hospital Sector Bhilai - Police Station - Bhilai Nagar, District - Durg Chhattisgarh ... applicant (s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Bhilai Nagar, District - Durg Chhattisgarh ... Respondent(s) For applicant (s) : Mr. Prasoon Agrawal, Advocate For Respondent(s) : Mr. Anish Tiwari, Dy. Govt. Advocate Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on board 05.01.2026. 1. Pursuant to the order dated 11.12.2025, the notice issued to the complainant/ victim has been served upon the victim, however, she neither appeared in person nor any representation has been made on her behalf, therefore, this Court proceeds to hear the matter finally. 2. Heard on the application filed under Section 483 of B.N.S.S. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 25.05.2025 in connection with SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2026.01.06 10:46:10 +0530 2 Crime No. 231/2025 registered at P.S. Bhilai Nagar, Dist- Durg (CG) for the offence under Sections 506, 313, 376 (2)(n) of IPC and Section 5(B) and 5 (¥ )(ii) and 06 of POCSO Act and Section 3 (2)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. 3. The case of the prosecution is that on 25/05/2025, the victim lodged a written complaint against the applicant that she was sexually exploited by the applicant since 2016, though, she married with the applicant and procured a son on 21.08.2019, but she regularly harassed her for making forceful physical relation and pressurized her to change her religion. Though, she disclosed the fact in the vicinity she married with the applicant but in fact, there was no marriage with the applicant and when the harassment is unbearable, she lodged the report. The offence under Section 376 (2)(n), 313 of IPC and Section 6 of POCSO Act has been registered, in which the applicant has been arrested on 25.05.2025 and charge-sheet has been filed. 4. Learned counsel for the applicant would submit that the victim is a major lady, having 26 years of her age. She married with the applicant in the year 2019 and procured a son. She prosecuted a divorce case before the learned Family Court, which has been dismissed for want of prosecution and after about 09 years of the alleged initial incident she lodged the report against the applicant. For a considerable time she resided with the applicant as the wife and now she is making allegation that the applicant has committed rape upon her. Looking to the long relation with the victim and applicant, no offence prima facie is made out at least for the purposes of granting bail to the applicant. The applicant is in jail since 25.05.2025, final adjudication will take its own time, therefore, the applicant may be enlarged on bail. 3 5. On the other hand, learned counsel for the State opposes the bail application. 6. I have heard learned counsel for the parties and perused the material annexed with the bail application. 7. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and material collected during the investigation, further considering the allegation made in the FIR as well as her 183 BNSS statement and also considering the length of their relationship, without commenting anything on merits, I am inclined to release the applicant on bail. 8. Consequently, this application filed by the applicant under Section 483 of B.N.S.S. for grant of regular bail is hereby allowed. 9. It is directed that the applicant Badshah Khan shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, on following conditions:- (i) He Shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (ii) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (iii) He shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial. Sd/- (Ravindra Kumar Agrawal) Judge Sagrika