1 2026:CGHC:21669 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4306 of 2026 Gaurav Giri S/o Bijendra Giri Aged About 23 Years R/o, A-66, N D Battalion, Battalion Parisar, Sakri Bilaspur, District Bilaspur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through SHO, Police Station Sakri, District – Bilaspur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Shikhar Bakhtiyar, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.05.2026 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. 278/2026, registered at Police Station Sakri, District – Bilaspur (C.G.) for the offence punishable under Section 64(1), 296, 351(3) and 308 of the BNS. 2. The prosecution story, in brief, is that on dated 30/03/2026 complaint lodged by the victim/complainant alleging that the Applicant, Gaurav Giri, befriended the victim in 2024 during a train journey and subsequently obtained her photographs and contact details. The prosecution asserts that on 01.01.2026, the Applicant lured the victim to a house in Prasada Housing Board Colony and, by threatening to RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 circulate her photographs to her husband, forcibly established physical relations with her against her will. The prosecution further alleges that the Applicant continuously blackmailed and intimidated the victim, forcibly extorting approximately Rs.80,000/- in cash and gold jewelry weighing 1 tola (Mangalsutra and earrings). Upon this complaint FIR was registered and applicant was arrested. Hence, this application. 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 married lady aged about 35 years and she has known to the applicant and family members of both of them were used to visit the house of each other, and it is alleged that the applicant had established physical relations with her, and thereafter, also taken some obscene videos and also demanded money from her, but it is stated that the applicant’s marriage was fixed, due to which the victim has lodged the present FIR after a delay of three months. It is also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 31.03.2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 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 with the victim by threatening her to circulate her photographs to her husband. Therefore, the applicant is not entitled for grant of regular bail. 3 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 married lady aged about 35 years and she has known to the applicant and family members of both of them were used to visit the house of each other, and it is alleged that the applicant had established physical relations with her, and thereafter, also taken some obscene videos and also demanded money from her, but it is stated that the applicant’s marriage was fixed, due to which the victim has lodged the present FIR after a delay of three months, also the fact that the charge-sheet has been filed in the present case, the applicant is in jail since 31.03.2026 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 – Gaurav Giri, involved in Crime No. 278/2026, registered at Police Station Sakri, District – Bilaspur (C.G.) for the offence punishable under Section 64(1), 296, 351(3) and 308 of the BNS, 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. 4 (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