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2026 DAILYLAW 1813 (CHH)

KARAN KENWAT v. STATE OF CHHATTISGARH

MCRC/1798/2026 · 2026-02-19

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Judgment text

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1 2026:CGHC:9087 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1798 of 2026 Karan Kenwat S/o Pardeshi Kenwat Aged About 20 Years R/o - Village - Khaira (Lagra), P.S. - Seepat, Tehsil - Seepat, District - Bilaspur (C.G.) ...Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Thana - Akaltara, District - Janjgir-Champa (C.G.) ... Non-applicant For Applicant : Mr. Neeraj Choubey, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.02.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 563/2025, registered at Police Station : Akaltara, District - Janjgir- Champa (C.G.) for the offence punishable under Section 64(2)(M) of the BNS, 2023. 2. The prosecution story in brief is that on 31.10.2025 the complainant VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.20 14:48:58 +0530 2 made the written complaint before the Police Thana and stating that, she was known the applicant since 2021 and there are love affair between them and since May 2024 the applicant develops the physical relation due to which she was pregnant in March 2025 and now the applicant refused to marry. The police registered the FIR and arrested the applicant on 01.11.2025 and subsequently filed the challan. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in the case. He further submits that as the entire case of the prosecution is based on imagination, conjecture, and falsification, and the allegations levelled against him are false, baseless, and without any credible material. He contends that he is in no way connected with the alleged offences and has not committed any act as alleged by the prosecution, nor has the prosecution produced any justifiable reason or substantive evidence to establish his involvement or to demonstrate that the ends of justice would be thwarted if he is released on bail. The applicant further submits that he is about 20 years of age, while the complainant is about 23 years old, and she has admitted to a love affair between them, with no allegation of any physical relationship without her consent. He asserts that he is not a dangerous person, poses no threat to anyone’s life, and there is no adverse character or conduct attributable to him that would warrant his continued incarceration. He has been in judicial custody since 01.11.2025, therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand learned State counsel State opposed the bail 3 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 material available on record, including the FIR and the statements recorded under Section 183 of the BNSS, which prima facie indicate that the victim, being a major, was in a consensual relationship with the applicant, during which a physical relationship was established and thereafter the relationship could not materialize, leading to the lodging of the present FIR, and further taking into account that the applicant has been in custody since 01.11.2025 and that the trial is likely to take considerable time to conclude, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case. 7. 7. Let applicant, Karan Kenwat, involved in Crime No. 563/2025, registered at Police Station : Akaltara, District - Janjgir-Champa (C.G.) for the offence punishable under Section 64(2)(M) of the BNS, 2023, be released on bail on furnishing personal bond with two local 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 4 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 his 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav