1 2026:CGHC:24467 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5268 of 2026 Neeladhar Patel @ Deepak Patel S/o Udesan Patel Aged About 27 Years R/o Village Paunsra, P.S. Basna District Mahasamund Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Chowki Bhanwarpur, Police Station Basna, District Mahasamund Chhattisgarh ... Non-applicant For Applicant : Mr. Sudhir Kumar Sahu, Advocate. For Non-applicant/State : Mr. Shubham Bajpai, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.06.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 80/2026 registered at Police Station : Basna, District Mahasamund (C.G.) for the offence punishable under Section 69 of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that the complainant/victim, a 21-year- old educated woman, became acquainted with the accused, Deepak Patel, in September 2023, as he used to visit his aunt's house in her village. During the course of their acquaintance, they remained in regular Digitally signed by JYOTI JHA Date: 2026.06.18 18:10:59 +0530 2 contact over mobile phones, and the accused allegedly gained her confidence by assuring her that he would marry her. It is alleged that, acting upon the said promise of marriage, the accused came to her house on 15.06.2025 and established physical relations with her and thereafter continued to maintain physical relations with her on the same assurance for about five months, i.e., till 02.10.2025. The prosecution further alleges that whenever the victim requested the accused to marry her, he kept postponing the matter on one pretext or another and ultimately refused to do so, while making arrangements to marry another girl. Thereafter, upon discussing the matter with her family members, the victim lodged a written complaint on 21.02.2026, on the basis of which FIR No. 0080/2026 was registered at Police Station Basna for the offence punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that, as per the prosecution case itself, the applicant and the victim had been in a relationship since the year 2023 and had voluntarily developed intimacy with each other. However, their relationship could not relation culminate in marriage. It is further submitted that the conduct of the victim is doubtful and raises suspicion, as she appears to have been a consenting party throughout the relationship. Learned counsel further submits that the applicant has been in judicial custody since 17.04.2026 and that the conclusion of the trial is likely to take considerable time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been 3 submitted before the competent Court in the present case. He further submits that the present applicant/accused on the pretext marriage committed sexually intercourse with the victim, and thereafter denied, 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 & circumstances of the case and from perusal of the statement of the victim recorded under Section 183 of the BNSS, it appears that the victim who is aged about 21 years and the present applicant were in a consensual relationship and they established sexual relationship, consequently, the present FIR has been lodged by the victim on the ground that the present applicant refused to marry her and also considering the fact that the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 17.04.2026 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. 7. Let applicant, Neeladhar Patel @ Deepak, involved in Crime No. 80/2026 registered at Police Station : Basna District Mahasamund (C.G.) for the offence punishable under Section 69 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 4 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 Jyoti