1 2026:CGHC:2778 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 581 of 2026 Arun Kumar S/o Harnam Singh Aged About 29 Years R/o Ward No. 6 Sahu Moholla Anjani Gorakhpur, District Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through S.H.O. Police Station- Sarkanda, District – Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Awadh Tripathi, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 1763/2025, registered at Police Station Sarkanda, District – Bilaspur (C.G.) for the offence punishable under Section 127, 296, 115(2), 351(2) and 69 of BNS and Sections 67 and 67(A) of the IT Act. 2. The prosecution story, in brief, is that the victim revealed that she had met the accused through Instagram in 2024. They had been communicating, and the accused wanted to marry her socially. On September 9, 2024, while the victim was traveling to her village, Sirauli, the accused threatened her over the phone, forced her onto his RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 motorcycle from Kotmi and brought her to Bilaspur. He then took her to a secluded area in Sarkanda and forcibly had committed sexual intercourse with her. The accused then took the victim on his motorcycle to a secluded room, where he held her as hostage for 4-5 hours, confiscated her mobile phone, and pressured her into having sex with him. The accused threatened to kill her. Between 1:00 and 1:30 a.m., the accused again committed sexual intercourse with her. The accused had made an obscene video of the victim and stored it on his mobile phone and was continuously pressuring her to have physical relations with him. When the victim refused to marry him, the accused defamed her by sending her obscene video to Instagram and her acquaintances. Based on the said complaint an FIR was filed against the applicant/accused. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the victim is a major girl aged about 25 years and there was some affair between the applicant and the victim since 2024, and thereafter, a consensual sexual relationship was established between both of them, but the relationship could not be materialized, hence, she filed the FIR. It is also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 20.12.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular 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. It is further submitted that the applicant has committed forceful sexual 3 intercourse many times with the victim, and he has also threatened to kill her and when the victim refused to marry him, the applicant defamed her by sending her obscene videos to Instagram. Therefore, the applicant is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant and period of detention in jail, further the fact that the victim is a major girl aged about 25 years and there was some affair between the applicant and the victim since 2024, and thereafter, a consensual sexual relationship was established between both of them, but the relationship could not be materialized, hence, she filed the FIR, also the fact that the charge- sheet has been filed in the present case, the applicant is in jail since 20.12.2025 and the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let applicant - Arun Kumar involved in Crime No. 1763/2025, registered at Police Station Sarkanda, District – Bilaspur (C.G.) for the offence punishable under Section 127, 296, 115(2), 351(2) and 69 of BNS and Sections 67 and 67(A) of the IT Act, 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 4 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, 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. 8. Office 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 Rajshekhar