1 2026:CGHC:2042 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 359 of 2026 Shankarlal Kurre S/o Dashru Kurre Aged About 44 Years R/o Ghonghadeeh, Police Station Kota, Tahsil Sakari, District Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through - The Station House OfÏcer, Police Station Kota, District Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Baldau Prasad Banjare, Advocate For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer For Objector : Mr. Gurudev I. Sharan, Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.01.2026 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. 1094/2025 registered at Police Station : Kota, District Bilaspur (C.G.) for the offence punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story in brief is that the complainant appeared before Police Station Kota and lodged a written complaint stating that her sister-in-law, who resides separately with her father-in-law RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Shyam, was noticed to have an enlarged abdomen, upon which the women of the neighbourhood and family members checked her with a pregnancy test kit and found her to be pregnant. On being questioned as to the paternity of the child, the victim disclosed that after the funeral rites of her mother, on 15.08.2023, the accused Shankar Kurre, a resident of Ghoghadiha, under the influence of alcohol, forcibly established physical relations with her at about 10:00 p.m., and thereafter continued to repeatedly subject her to sexual intercourse during the night. It was further alleged that taking advantage of the victim’s intellectual disability, the accused sexually exploited her. On the basis of the said complaint, on 29.11.2025, an FIR bearing No. 1094/2025 was registered against the applicant/accused at Police Station Kota for the offence punishable under Section 69 of the Bharatiya Nyaya Sanhita. Hence, this bail application. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the case and has neither committed nor participated in any offence as alleged. It is contended that the applicant and the victim, aged about 35 years, were well acquainted with each other and were in a consensual relationship for the last two and a half years, as a result of which the victim became pregnant. It is further submitted that when the said relationship could not materialize into marriage due to subsequent circumstances, the present FIR came to be lodged against the applicant. He further submits that the material collected by the prosecution is not prima facie sufÏcient to establish the guilt of the 3 applicant and that the conduct of the victim clearly indicates consent, as she voluntarily accompanied the applicant. It is also stated that the applicant is willing to keep the victim as his wife and even the family members of the victim were agreeable to the marriage. He also submits that the charge-sheet has already been filed, the applicant has been in jail since 29.11.2025, and the conclusion of the trial is likely to take considerable time, therefore, the he prays for grant of regular bail to the applicant. 4. On the other hand learned State Counsel as well as learned counsel for the objector opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case. It is contended that taking advantage of the victim’s intellectual disability, the applicant forcibly established physical relations with her on several occasions, as a result of which the victim became pregnant. It is further submitted that the offence is punishable under Section 69 of the Bharatiya Nyaya Sanhita and involves sexual exploitation of a vulnerable victim. Considering the gravity of the offence, the manner in which it was committed, and the material collected during investigation, the applicant does not deserve the benefit of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence, it appears that the applicant and the victim, aged about 35 years, were well acquainted with each other and were in a consensual relationship for the last two and a half years, as a result 4 of which the victim became pregnant and also considering the fact that the charge-sheet has already been submitted in the present case before the competent Court and the present applicant is in jail since 29.11.2025 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let applicant, Shankarlal Kurre, involved in Crime No. 1094/2025 registered at Police Station : Kota, District Bilaspur (C.G.) for the offence punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 sufÏcient 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 5 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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan