1 2026:CGHC:25388 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5416 of 2026 Mohammad Firoz Khan S/o Mohammad Sulzaan Aged About 32 Years R/o Gausikhan, P.S. Phakuli, Distt. Mujaffarpur, State Bihar, Currently R/o Raanigaon, P.S. Ratanpur, Distt. Bilaspur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer (S.H.O.) P.S. Ratanpur, Distt. Bilaspur, Chhattisgarh. ... Non-applicant(s) For Applicant(s) : Ms. Swati Rani Saraf, Advocate. For Non-applicant(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/06/2026 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. 269/2026 registered at Police Station Ratanpur, District- Bilaspur (C.G.) for the offence punishable under Sections 69 and 351(3) of BNS. 2. The prosecution story, in brief, is that the victim, a resident of Village Ranigaon, was residing there along with her nine-year-old KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 son since the year 2022 and was running a business in the name and style of Abhay Dhaba and Restaurant. It is alleged that in the year 2023, the victim came into contact with the present applicant/accused, who was running a tyre puncture shop adjacent to her dhaba. During the course of their acquaintance, the applicant allegedly professed his love for the victim and assured her that he intended to marry her. It is further alleged that, in September, 2023, on the false pretext and promise of marriage, the applicant established physical relations with the victim at his shop. Thereafter, taking advantage of such assurance, the applicant allegedly continued to establish physical relations with the victim at regular intervals. It is also alleged that, during the said period, the applicant, on one pretext or another and citing various financial necessities, induced the victim to transfer an amount of approximately Rs.1,50,000/- through online transactions. According to the prosecution, the applicant lastly established physical relations with the victim in February, 2026. It is further alleged that whenever the victim insisted upon solemnization of marriage, the applicant avoided the issue and kept postponing the matter on one ground or another. Subsequently, on 07.04.2026, when the victim again requested the applicant to marry her, he allegedly refused and threatened to kill both the victim and her minor son and also manhandled her. On the basis of the written complaint lodged by the victim at Police Station Sipat, District Bilaspur, FIR bearing Crime No.269/2026 was registered against the present applicant for the offences punishable under Sections 69 and 351(3) of the 3 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 further submits that from perusal of the statement of the victim recorded under Section 183 of the BNSS reveals that the victim, a married lady having a child, was living separately from her husband and was earning her livelihood by running a dhaba. It is submitted that the victim came into contact with the applicant in the year 2023 and, thereafter, they developed intimacy and entered into a physical relationship. He further submits that when the relationship between the parties could not culminate into marriage, the victim lodged the present FIR against the applicant. It is also submitted that the charge-sheet has already been filed, the applicant has no criminal antecedents and the trial is likely to take considerable time for its conclusion. Therefore, it is prayed that the applicant be enlarged on bail. 4. On the other hand, learned counsel for the State has opposed the prayer for bail and submits that there are specific and serious allegations against the present applicant. It is submitted that the victim, who was running a dhaba for her livelihood along with her minor son, came into contact with the applicant in the year 2023. Taking advantage of such acquaintance, the applicant allegedly induced the victim into a physical relationship by repeatedly assuring her that he would marry her. Relying upon the said promise, the victim established physical relations with the applicant and the applicant continued to have physical relations with her on 4 several occasions. She further submits that during the subsistence of their relationship, the applicant, on one pretext or another and citing various financial necessities, obtained an amount of approximately Rs.1,50,000/- from the victim through online transactions. It is further alleged that despite repeatedly assuring the victim of marriage, the applicant subsequently started avoiding the issue and ultimately refused to marry her. It is also alleged that when the victim insisted upon marriage on 07.04.2026, the applicant threatened to kill her and her minor son and also manhandled her. It is submitted that the statement of the victim recorded under Section 183 of the BNSS duly supports the allegations levelled in the FIR. Considering the nature and gravity of the allegations and the material collected during investigation, she prays for rejection of the bail application. 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 the offence, period of detention of the applicant since 24.05.2026, the fact that the victim is a married lady aged about 40 years and is having a child and that the parties were admittedly acquainted with each other and remained in a relationship since the year 2023, coupled with the fact that the relationship appears to have been consensual in nature and the FIR came to be lodged when the relationship between the parties could not culminate into marriage, without commenting anything on the merits of the case, this Court is inclined to allow the present bail 5 application. 7. Accordingly, the application is allowed. 8. Let the Applicant-Mohammad Firoz Khan, involved in Crime No. 269/2026 registered at Police Station Ratanpur, District- Bilaspur (C.G.) for the offence punishable under Sections 69 and 351(3) 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 6 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. 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 Kunal