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2026 DAILYLAW 20627 (CHH)

VICKKY CHOUDHARY v. STATE OF CHHATTISGARH

MCRC/4382/2026 · 2026-05-10

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Judgment text

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1 2026:CGHC:21977 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4382 of 2026 Vickky Choudhary S/o Prabhat Choudhary, Aged About 30 Years R/o Mandir Hasaud, Rawanbhatha Sahu Kirana Store Ke Pass, Thana Mandir Hasaud, District Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station - Tikrapara, District Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Titra Ram Patel, Advocate. For Respondent(s) : Mr. Saurabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/05/2026 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. 222/2026 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Tikrapara, District Raipur (C.G.) for the offence punishable under Sections 69 of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the victim lodged a written report at Police Station Tikrapara, District Raipur (C.G.), alleging that the applicant established physical relations with her on the pretext of marriage. On the basis of the said report, Crime No. 222/2026 was registered against the applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the victim is a major lady and was acquainted with the applicant since 2024. During the said period, the applicant and the victim were in a consensual relationship, wherein victim was a consenting party and, on account thereof, they established physical relations with each other and when their relationship could not materialize into marriage, the victim lodged the present FIR against the applicant with an intention to harass him. The applicant is in jail since 18.03.2026, the applicant has no criminal antecedent, charge- sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of 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. He further submits that on the false pretext of 3 marriage, the applicant has established physical relationship with the victim and later refused to marry her, therefore, the applicant is not entitled for grant of bail. 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, nature and gravity of offence, period of detention of the applicant since 18.03.2026, the fact that though the applicant allegedly on the false pretext of marriage established physical relationship with the victim and later refused to marry her, but considering the fact that the victim is a major lady and was acquainted with the applicant since 2024, during the said period, the applicant and the victim were in a consensual relationship, wherein victim was a consenting party and, on account thereof, they established physical relations with each other and when their relationship could not materialize into marriage, the victim lodged the present FIR against the applicant with an intention to harass him, also considering the fact that the applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Vickky Choudhary, involved in Crime No. 222/2026 registered at Police Station Tikrapara, District Raipur 4 (C.G.) for the offence punishable under Sections 69 of 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. (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 5 accordance with law. 9. 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 Akhil