1 2026:CGHC:26325 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5610 of 2026 Anish Kamal Gupta S/o Brijraj Gupta Aged About 32 Years Caste - Teli R/o Village - Malvi Nagar, Saitpur District- Gazipur Uttar Pradesh Current Address- Sunita Niwas Balaji Toli Jashpur Nagar District- Jashpur (C.G.) ... Applicant versus State of Chhattisgarh Through- Station House Officer Police Station Jashpur Chhattisgarh ... Non-applicant For Applicant : Mr. Apurv Goyal, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 29.06.2026 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. 146/2026 registered at Police Station Jashpur, District Jashpur, (C.G.) for the offence punishable under Section 64(2)(M) and Section 87 of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution, the applicant forcefully established physical relations with the victim without her consent during the period from 12.03.2026 to 21.04.2026. Furthermore, it is the case of the prosecution ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.06.30 11:04:38 +0530 2 that the applicant had illicit relations with her on the pretext of marriage. The victim has also stated that the applicant applied vermilion to her forehead and got certain affidavits signed by her. Upon her complaint, the police registered an FIR against the present applicant, and he was arrested on 03.05.2026. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He further submits that the victim is a major girl who was in a love relationship with the applicant and was a consenting party. It is also submitted that the applicant has been in judicial custody since 03.05.2026, and as the conclusion of the trial is likely to take some time, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned counsel State counsel opposes the bail application of the present applicant and submits that the present applicant on the pretext of marriage established physical relationship 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 and circumstances of the case, the nature and gravity of the offence, and upon perusal of the statement of the victim recorded under Section 183 of the BNSS, it appears that the victim is a major girl, who was in a love relationship with the applicant and was a consenting party. However, after some time, when their relationship could not materialize, she lodged the aforesaid case against the present applicant. Further, considering the fact that the charge-sheet has already been filed before the competent Court and that the applicant has been in 3 custody since 03.05.2026, and as the trial is likely to take some time for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Anish Kamal Gupta, involved in Crime No. 146/2026 registered at Police Station Jashpur, District Jashpur, (C.G.) for the offence punishable under Section 64(2)(M) and Section 87 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two local 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 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. 4 (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 forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhisheka