1 2026:CGHC:24724 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5327 of 2026 • Ajay Markam S/o Devnath Markam Aged About 27 Years R/o Village P.S. And Tahsil Kondagaon, Distt. Kondagaon, Chhattisgarh. ... Applicant(s) versus • State of Chhattisgarh Through The Police Station Farsgaon, Distt. Kondagaon, Chhattisgarh. ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Karan Kumar Baharani, Advocate For Respondent(s) : Mr. Nitansh Jaiswal, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.06.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 46/2026, registered at Police Station – Farsgaon, District – Kondagaon (C.G.) for the offence punishable under Sections 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the victim has lodged the FIR on 12.04.2026 against the present applicant alleging that the applicant has been committing forceful sexual intercourse with her on the false VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.06.19 19:46:21 +0530 2 pretext of marriage on several occasion in the between years 2018 to 01.10.2024. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that the victim is a major girl aged about 28 years old and she was consenting party. He further submits that the applicant and the victim were in a consensual relationship and when the relationship could not materialized, she lodged FIR against the applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 13.04.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant. He further submits that, as per the statement of the victim recorded under Section 183 of the BNSS, wherein she stated that she had known the applicant since 2017. Thereafter, in the year 2018, the applicant proposed marriage to her, and on the promise of marriage, established a physical relationship with her from 2019 to 2024. As a result of the said relationship, she became pregnant, and the pregnancy was subsequently terminated through medication, therefore, he is not entitled for bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and 3 submissions made by learned counsel for the parties, also considering the fact that victim is a major girl and she had known the applicant since 2017 and was consenting party, charge-sheet has been filed against the applicant, the applicant is in jail since 13.04.2026 and conclusion of the trial is likely to take some time, looking to the detention period of the applicant, I am inclined to allow this application. 7. Let applicant, Ajay Markam involved in Crime No.146/2026, registered at Police Station – Farsgaon, District – Kondagaon (C.G.) for the offence punishable under Sections 69 of the Bharatiya Nyaya Sanhita, 2023 (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 4 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 vaishali