1 2026:CGHC:21395 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4264 of 2026 Gulshan Manjhi @ Gulla S/o Arjun Manjhi Aged About 24 Years R/o Village Bhaskura Chouratola, Police Station Gourela, District- Gourela- Pendra - Marwahi (C.G.) ... Applicant versus State Of Chhattisgarh Through The SHO, Police Station Gourela, District – Gourela-Pendra-Marwahi (C.G.) ... Non-applicant For Applicant : Mr. Yash Tripathi, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.05.2026 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. 251/2025, registered at Police Station Gourela, District – Gourela-Pendra- Marwahi (C.G.) for the offence punishable under Section 64 of the BNS. 2. The prosecution story, in brief, is that victim submits that in the month of March 2025 she came into contact with the applicant Gulshan Manjhi and both started conversing frequently over phone, during which period the applicant developed close relations with victim, expressed love and affection, and induced her into a romantic relationship; that in the first week of March 2025, the accused RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 established physical relations with the victim on the false promise of marriage and thereafter continued to have physical relations with her on several occasions, as a result of which she has now conceived and is approximately two months pregnant; that when the victim requested the accused to solemnize marriage with her, he started avoiding and neglecting her and refused to fulfill his promise, thereby showing dishonest intention and exploiting her; that the victim has disclosed the entire incident to her mother Smt. Kamala Bai and her brother Rahul. On the basis of the complaint, the FIR was lodged by the victim against the applicant. 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 girl aged about 22 years and there was some affair between the applicant and the victim for last one year, and thereafter, a consensual sexual relationship was established between both of them, but the relationship could not be materialized, and further when victim became pregnant, she lodged the FIR, furthermore, the statement of the victim has been recorded before the trial Court and she has turned hostile. It is also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 07.09.2025 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 many times with the victim on the pretext of marriage, and 3 thereafter, he refused to marry her. 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 22 years and there was some affair between the applicant and the victim for last one year, and thereafter, a consensual sexual relationship was established between both of them, but the relationship could not be materialized, and further when victim became pregnant, she lodged the FIR, furthermore, the statement of the victim has been recorded before the trial Court and she has turned hostile, also the fact that the charge-sheet has been filed in the present case, the applicant is in jail since 07.09.2025 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. 7. Let applicant – Gulshan Manjhi @ Gulla involved in Crime No. 251/2025, registered at Police Station Gourela, District – Gourela- Pendra-Marwahi (C.G.) for the offence punishable under Section 64 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 4 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