1 2026:CGHC:25440 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5428 of 2026 Prakash Dhruw @ Raj Dhruw S/o Narad Dhruw Aged About 27 Years Resident of Village- Jhiriya Police Station - Hathband District- Balodabazar- Bhatapara (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police of Police Hathband, District- Balodabazar-Bhatapara (C.G.) … Non-Applicant For Applicant : Mr. Anil Kumar Gulati, Advocate. For Non-Applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.06.2026 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. 35/2026, registered at Police Station - Hathband, District- Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 87, 64(2)(m), 296 and 115(2) of Bharartiya Nyaya Sanhita, 2023. 2. As per the brief facts of the prosecution case, on the basis of a written report lodged by the victim, Police Station Hathband registered Crime No. 35/2026 against the applicant for the offences alleged herein. It is alleged in the written report that about one month prior to the lodging of the report, PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.06.22 19:09:34 +0530 2 the victim came into contact with the applicant through a mobile phone. Further, it is alleged that on 02.01.2026 at about 1:30 p.m., the applicant, along with his friend, came to the victim's village and, on the pretext of marriage, took the victim with him. It is further alleged that the applicant dropped his friend at Simga Bus Stand and thereafter took the victim to Village Kolar, where he established physical relations with her. It is also alleged that when the victim requested the applicant to solemnize marriage with her, the applicant refused to marry her and subsequently started suspecting her character. The victim has further alleged that the applicant slapped her. On the basis of the said report lodged by the victim, the aforesaid offences have been registered against the applicant and he has been arrested in connection with the alleged offences. 3. It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the victim is a major girl and that the applicant came into contact with her through a mobile phone. It is submitted that a consensual physical relationship developed between them. However, when the relationship could not culminate in marriage and the applicant refused to marry her, the present FIR came to be lodged. It is also submitted that the applicant has no previous criminal antecedents and that the charge-sheet has already been filed in the matter. The applicant has been in judicial custody since 04.02.2026, and the conclusion of the trial is likely to take a considerable period of time. Therefore, learned counsel prays that the applicant be enlarged on regular bail. 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 on the pretext of marriage, but later refused to marry her. 3 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 made against the applicant and period of detention in jail, and from the perusal of the statement, it transpires that the victim is a major girl and that the applicant came into contact with her through a mobile phone, thereafter a consensual physical relationship developed between them, however, when the relationship could not culminate in marriage and the applicant refused to marry her, the present FIR came to be lodged, the applicant has no previous criminal antecedents and that the charge-sheet has already been filed in the matter. The applicant has been in judicial custody since 04.02.2026, and the conclusion of the trial is likely to take a considerable period of time, hence, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant - Prakash Dhruw @ Raj Dhruw, involved in Crime No. 35/2026, registered at Police Station - Hathband, District- Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 87, 64(2)(m), 296 and 115(2) of Bharartiya Nyaya Sanhita, 2023, 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/- Sd/- (Ramesh Sinha) Chief Justice Preeti