1 2026:CGHC:26879 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5765 of 2026 Satyam @ Muncha Basant S/o Chote Lal Basant Aged About 22 Years R/o Village Kosir, P.S. Kosir Tehsil - Sarangarh Distt- Sarangarh- Bilaigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- District- Magistrate Sakti (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ishwar Jaiswal, Advocate. For Respondent(s) : Ms. Monika Thakur, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/07/2026 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. 133/2026 registered at Police Station Dabhra, District – Magistrate, Sakti (C.G.) for the offence punishable under Sections 137(2) and 87 of BNS. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that the victim, who was residing with her uncle while her parents were working in Hyderabad, went missing from her residence during the intervening night of 21/22.04.2026. Upon discovering her absence, her uncle searched for her and, being unable to trace her, lodged a written report suspecting that an unknown person had enticed and abducted her. Consequently, an FIR was registered under Section 137(2) of the BNS. During the course of investigation, the present applicant came under suspicion, was arrested, and after completion of the investigation, a charge-sheet was filed against him. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the alleged incident is stated to have occurred on 22.04.2026, whereas the FIR was lodged only on 24.04.2026, thereby reflecting an unexplained delay in lodging the FIR, further the present applicant was not named in the FIR, which was initially registered against an unknown person. He also submits that on a perusal of the statement of the victim recorded under Section 183 of the BNSS, it is apparent that there is no allegation of any force, coercion, or any criminal act committed by the applicant. The victim has also stated that she was acquainted with the applicant and was in a romantic relationship with him. He later submits that the victim has further categorically stated in her statement under Section 183 of 3 the BNSS that no criminal incident or forceful sexual act was ever committed against her by the applicant. Thus, it is submitted that the material collected during the investigation does not prima facie establish the allegations against the applicant. The applicant is in jail since 19.05.2026, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 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. She further submits that the applicant allegedly enticed and took away the minor victim from the lawful guardianship of her uncle on the intervening night of 21/22.04.2026. During the investigation, it was alleged that the applicant was in a romantic relationship with the victim and had accompanied her after she left her residence, pursuant to which he was arrested and charge-sheeted. Therefore, the applicant is not entitled for grant of bail. 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 offence, period of detention of the applicant since 19.05.2026, the fact that though the applicant allegedly enticed and took away the minor victim from the lawful 4 guardianship of her uncle on the intervening night of 21/22.04.2026 as they were in a romantic relationship, but considering the fact that from perusal of the statement of victim recorded under Section 183 of BNSS, it transpires that it is the case of elopement not abduction, and she was recovered on 27.04.2026 by the Police in the presence of her father, further considering the fact that no sexual assaulted has been made on the victim and the applicant has no criminal antecedent, the charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Satyam @ Muncha Basant, involved in Crime No. 133/2026 registered at Police Station Dabhra, District – Magistrate, Sakti (C.G.) for the offence punishable under Sections 137(2) and 87 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 5 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. 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 Akhil