1 2026:CGHC:21986 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4359 of 2026 Suraj Mahawar S/o Shri Ashok Kumar Aged About 24 Years R/o- Ward No.- 11, M.J.M. Shrigananagar Tehsil And District Anupgarh, (Rajasthan) ... Applicant versus State Of Chhattisgarh Through- Police Station Podi, District – Manendragarh- Chirmri-Bharatpur, C.G. ... Non-applicant For Applicant : Mr. Hemant Kumar Agrawal, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.05.2026 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. 13/2026, registered at Police Station Podi, District – Manendragarh-Chirmri- Bharatpur (C.G.) for the offence punishable under Section 64(2)(m), 308(2), 64 and 308(1) of the BNS. 2. The prosecution story, in brief, is that The victim, aged about 25 years, submitted a written complaint before Police Station Manendragarh and stated that she and the applicant became acquainted with each other through Instagram. After some time, the applicant demanded money from the victim, and she gave a loan of Rs. 25,000/- (Twenty-Five Thousand Rupees) to the applicant through her mobile number 9098586721. Thereafter, the applicant again borrowed money from the victim, and in this manner, she gave a total amount of Rs. 1,53,000/- RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 (One Lakh Fifty-Three Thousand Rupees) to the applicant. Subsequently, the applicant used to say to the victim that he likes and and wants to marry her. After some time, the applicant visited Manendragarh, and on 14.02.2025, on the pretext of marriage, the applicant forcibly established physical relations with the victim. When the victim became pregnant, the applicant insisted on an abortion and called her to Rajasthan. When the victim went to Rajasthan, the applicant got her pregnancy terminated. When the victim returned to her house in Manendragarh, even then the applicant continued to demand money from her. When the victim refused to give money, the applicant started blackmailing her and threatened that he would make her photographs viral on social media. The applicant again came to Manendragarh, threatened the victim, took her to Amritdhara, and forcibly established physical relations with her in the month of July 2025. On the written complaint of the victim, an FIR was registered. 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 old and there was some affair between the applicant and victim since year 2024, and thereafter, a consensual sexual relationship was established between both of them and though the victim became pregnant twice, but the relationship could not be materialized, hence, she lodged the FIR and she is a consenting party. It is also submitted that the charge- sheet has been filed in this case. The applicant is in jail since 16.03.2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 3 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 sexual intercourse many times with the victim on the pretext of marriage due to which she became pregnant twice, and thereafter, he refused to marry her, and is now threatening the victim to circulate her obscene photos. 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 old and there was some affair between the applicant and victim since year 2024, and thereafter, a consensual sexual relationship was established between both of them and though the victim became pregnant twice, but the relationship could not be materialized, hence, she lodged the FIR and she is a consenting party, also the fact that the charge-sheet has been filed in the present case, the applicant is in jail since 16.03.2026 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. Let applicant – Suraj Mahawar involved in Crime No. 13/2026, registered at Police Station Podi, District – Manendragarh-Chirmri- Bharatpur (C.G.) for the offence punishable under Section 64(2)(m), 308(2), 64 and 308(1) of the BNS, be released on bail on his furnishing a personal bond with two local sureties in the like sum to the 4 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 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