1 2026:CGHC:5614 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9946 of 2025 Rahul Karkel S/o Lachhiram Karkel Aged About 26 Years R/o Village- Amora, Police Station- Akaltara, District- Janjgir-Champa (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Sarkanda, District- Bilaspur (C.G.) ... Respondent For Applicant : Shri Kunwar Lal Sahu, Advocate. For Respondent/State : Ms. Ritika Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31/01/2026 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.1577/2025 registered at Police Station Sarkanda, District-Bilaspur (C.G.) for the offence punishable GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.02 17:26:59 +0530 2 under Sections 69, 296, 351(2) of Bhartiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that on 11.11.2025 the prosecutrix lodged report at Police Station, Sarkanda, alleging therein that she acquainted with the applicant through Instagram and from 17.06.2025 to 02.08.2025 the applicant has committed sexual intercourse with her on several times at different places. On the basis of said report, the alleged offences have been registered against the applicant. 3. Learned counsel for the applicant submitted that the victim is a married lady aged about 42 years and she came in contact with the applicant through Instagram and thereafter they established physical relationship and when the relationship could not materialize, present FIR has been lodged. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 12/11/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. 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, perused the statement of the victim under Section 183 BNSS, considering the fact that the victim is a married lady aged about 3 42 years and she came in contact with the applicant through Instagram and thereafter they established physical relationship and when the relationship could not materialize, present FIR has been lodged, period of detention of the applicant since 12/11/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Rahul Karkel, involved in Crime No.1577/2025 registered at Police Station Sarkanda, District-Bilaspur (C.G.) for the offence punishable under Sections 69, 296, 351(2) of Bhartiya Nyay Sanhita, 2023, 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 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri