1 2026:CGHC:5018 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 65 of 2026 • Abhishek Yadav S/o Ayodhya Yadav, Aged About 22 Years R/o- Deevan Harradeepa P.S. Sanna District Jashpur C.G. ... Applicant versus • State of Chhattisgarh Through Station House Officer, P.S. Sanna District Jashpur C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sanjay Agrawal, Advocate For Respondent/State : Ms. Nupur Trivedi, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/01/2026 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.64/2025 registered at Police Station- Sanna, District-Jashpur (C.G.), for the offence punishable under Sections 64(2)(M) of Bhartiya Nyaya Sanhita (for short BNS) 2023. 2. Case of the prosecution, in brief, is that on 31.10.2024 during Diwali festival Applicant came at the home of Victim and said he is in love with victim and want to marry her. Thereafter he took her to the Jungle and made physical relation with her and thereafter continued making physical relation multiple times in the interval of 8-10 days. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.30 17:47:04 +0530 2 It is also alleged that last time on 30.06.2025 applicant made physical relation with the victim. Then when Victim become 6-7 month pregnant, she told about the incident to her parents. Thereafter FIR has been lodged. 3. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. It is contended that the victim is a major girl, aged about 23 years. According to her statement recorded under Section 183 of BNS, the applicant allegedly entered into a physical relationship with her on the pretext of marriage but later refused to marry her, leading to the lodging of the FIR. It is further pointed out that the victim lodged a separate FIR on the same date against another person, namely Kapil Yadav (Crime No. 65 of 2025), on similar allegations, and bail has already been granted to him by the learned trial Court. The applicant has been in custody since 21.07.2025, and the conclusion of the trial is likely to take considerable time. On these grounds, the applicant seeks regular bail. 4. Learned counsel for the State has opposed the bail application. It is submitted that the charge-sheet has already been filed before the competent Court and the applicant has no previous criminal antecedents. According to the victim’s statement recorded under Section 183 of BNS, the applicant approached her during the Diwali festival, expressed love, and promised marriage. Thereafter, he allegedly took her to a jungle and engaged in repeated physical relations, with the last incident occurring on 30.06.2025. The victim became 6–7 months pregnant before informing her parents. In view of the serious nature of these allegations, the applicant is not entitled to bail, contends the State. 3 5. I have heard learned counsel for the parties and perused the case record carefully. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations, and the fact that the victim lodged two FIRs on the same date against different persons on similar allegations, where bail was granted to him namely Kapil Yadav, there appears to be a possibility of false implication. Further, the victim is a major, the applicant has been in custody since 21.07.2025, and the charge- sheet has already been filed, although the trial is likely to take considerable time. In these circumstances, this Court is of the view that the applicant is entitled to be released on bail. 7. Let the applicant – Abhishek Yadav involved in Crime No.64/2025 registered at Police Station- Sanna, District-Jashpur (C.G.), for the offence punishable under Sections 64(2)(M) of Bhartiya Nyaya Sanhita (for short BNS) 2023, be released on bail on their 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 accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 4 (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 for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali