1 2026:CGHC:2752 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 587 of 2026 Avinash Kumar (Wrongly Mentioned As Avinath Kumar In Order-Sheet) S/o Late Ashok Kumar Aged About 28 Years R/o Nehru Colony Sonavani Chirmiri, Police Station And Tahsil Chirmiri, District Manendragarh-Chirmiri- Bharatpur (M.C.B.) Chhattisgarh. ...Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station Chirmiri, District Manendragarh-Chirmiri-Bharatpur (M.C.B.) Chhattisgarh. … Non-applicant For Applicant : Mr. Chandrikaditya Pandey, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 16.01.2026 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. 309/2025 registered at Police Station : Chirmiri, District – M.C.B. (C.G.) for the offence punishable under Section 69 of the BNS, 2023. 2. The case of the prosecution, in brief, is that the present applicant and VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.16 17:52:08 +0530 2 the victim girl were acquainted with each other for the last about nine years, as both were studying in the same school. It is alleged that from the year 2017, the victim started conversing with the applicant, during which the applicant expressed his affection towards her and assured her that he would marry her. On the basis of this alleged false promise of marriage, the applicant is stated to have established physical relations with the victim for the first time on 31.12.2018 and thereafter, on several occasions, called her to his house and continued to have physical relations with her. It is further alleged that the last such incident took place on 19.10.2025 at about 10:00 a.m. On the basis of the written report lodged by the complainant, the police registered Crime No. 309/2025 for the offence punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023. The victim was sent for medical examination, wherein the doctor opined that no definite opinion could be given at that stage. Certain articles were seized during investigation, the applicant was arrested, statements of witnesses were recorded, and after completion of the entire investigation, a charge-sheet was filed before the learned Additional Sessions Judge, Chirmiri, District Koriya (C.G.), where the case is presently pending for trial. 3. The applicant is completely innocent, and the allegations against him are false, baseless, and motivated by malice. As per the allegations in the FIR itself, the prosecutrix admits that she was in a relationship with the applicant since the year 2017 and that the physical relationship between them commenced on 31.12.2018 on the alleged promise of marriage, which continued till 19.10.2025; however, no complaint was lodged for almost seven years, clearly indicating that the relationship, if any, was consensual in nature and does not constitute any offence. It is further submitted that both 3 the applicant and the prosecutrix are major, educated and mature individuals, being about 28 and 27 years of age respectively, fully capable of understanding the nature and consequences of their actions, and therefore the allegations do not disclose the commission of any offence under Section 69 of the Bharatiya Nyaya Sanhita, 2023. The FIR is not only false and fabricated but is also highly delayed without any plausible explanation, which seriously dents the credibility of the prosecution story. Moreover, the medical examination does not corroborate the allegations, as the doctor has opined that no definite opinion could be given, thereby further weakening the prosecution case. The investigation is complete, the charge-sheet has been filed, the statements of the prosecutrix have already been recorded before the Judicial Magistrate First Class, and no custodial interrogation of the applicant is required. There is also no material on record to make out a prima facie case against the applicant, nor is there any apprehension of his tampering with the prosecution witnesses. The applicant is a permanent resident of Nehru Colony, Sonawani, Chirmiri, District Manendragarh– Chirmiri–Bharatpur (C.G.), having movable and immovable properties there, and thus there is no likelihood of his absconding. In these circumstances, the applicant humbly prays that he may kindly be enlarged on bail. 4. On the other hand learned State counsel State opposed the bail application of the present applicant and submits that the present applicant on the pretext of marriage established physical relationship with the victim, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of the allegations levelled against the applicant, and the fact that the victim, 4 being a major aged about 27 years, was in a consensual relationship with the applicant during which a sexual relationship was established and thereafter, the relationship could not materialize, consequently leading to the lodging of the present FIR, and further taking into account that the applicant has been in custody since 14.11.2025 and that the trial is likely to take some time to conclude, this Court is of the opinion that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Avinash Kumar, involved in Crime No. 309/2025 registered at Police Station : Chirmiri, District – M.C.B. (C.G.) for the offence punishable under Section 69 of the BNS, 2023., be released on bail on his furnishing a personal bond with two local 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 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 5 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 forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice vaibhav