1 2026:CGHC:3411 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 708 of 2026 Chandrashekhar Sahu @ Pintu S/o Late Shri Anjor Singh Sahu Aged About 22 Years R/o - Village - Amora, P.S. - Patewa, Tahsil And Distt. - Mahasamund (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - P.S. - Patewa, Tahsil And Distt. - Mahasamund (C.G.) ... Respondent(s) For Applicant(s) : Mr. Jameel Akhtar Lohani, Advocate. For Respondent(s) : Ms. Anusha Naik, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/01/2026 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. 12/2023 registered at Police Station Patewa, Tahsil And Distt. - Mahasamund (C.G.) for the offence AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 punishable under Sections 376, 376(2)(n), 313/34 of IPC. 2. Case of the prosecution, in brief, is that in the year 2017 the victim received a missed call from an unknown number. On calling back, she came into contact with the applicant and thereafter they started talking frequently, which resulted in the development of a love relationship between them. It is alleged that the applicant, on the pretext of marriage, established physical relations with the victim on several occasions. As a result, the victim became pregnant and the pregnancy was allegedly terminated forcibly. Subsequently, when the applicant refused to marry her, the victim approached Police Station Patewa and lodged a report. On the basis of the said report, the aforesaid crime was registered and the applicant was arrested by the concerned police station on 21.11.2025. 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 major lady aged about 22 years, she was acquainted to the applicant since 2017 and there was a consensual relationship between them, wherein victim was a consenting party and when their relationship become uncordial, present FIR has been lodged by the victim against applicant to harass him. The applicant is in jail since 21.11.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some 3 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. He further submits that the applicant is alleged to have developed physical relationship with the victim and, on the false pretext of marriage, repeatedly established sexual relations with her, resulting in pregnancy, which was forcibly aborted, and thereafter refused to marry her, leading to registration of the criminal case against him, 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 05.09.2023, the fact that though the applicant is alleged to have developed physical relationship with the victim and, on the false pretext of marriage, repeatedly established sexual relations with her, resulting in pregnancy, which was forcibly aborted, and thereafter refused to marry her, but considering the fact that the victim is a major woman aged about 22 years, she has been acquainted with the applicant since 2017, and there was a consensual relationship between them, in which she was a consenting party, when their relationship became uncordial, the 4 present FIR was lodged against the applicant, further the charge- sheet has been filed, 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. Let the Applicant-Chandrashekhar Sahu @ Pintu, involved in Crime No. 12/2023 registered at Police Station Patewa, Tahsil And Distt. - Mahasamund (C.G.) for the offence punishable under Sections 376, 376(2)(n), 313/34 of IPC, 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 5 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