1 CGHC010214282026 2026:CGHC:28646 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4987 of 2026 • Premsagar Gond S/o- Rampyare Gond, Aged About 22 Years R/o- Virendranagar Muskurapara Police Chowki Dindo Police Staion Trikunda, District-Balrampur- Ramanujganj (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through The Station House Officer, Police Chowki Dindo Police Station Trikunda, District- Balrampur - Ramanujgan (C.G.) ... Respondent(s) For Applicant(s) : Mr. Hariom Rai, Advocate For Respondent(s) : Mr. Sumit Singh, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/07/2026 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.02/2026 registered at Police Chowki – Dindo, Police Station- Trikunda, District-Balrampur-Ramanujganj (C.G.), for the offence punishable under Sections 64(2)(m) of Bhartiya Nyay Sanhita, for short BNS, 2023. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.07.10 18:46:45 +0530 2 2. Case of the prosecution, in brief, is that the prosecutrix has lodged a written complaint vide written complaint dated 05/01/2026 and story of the written complaint is that the accused were regularly visit the village of victim l.e. Birendranagar and during that interval both of them were regularly talk to each other and accused had exchange his phone number With the victim and since 2 month both of them were regularly talk to each other and on 01/01/2026 the accused when no body in the house of victim visited the place of victim and took the victim along with him and they both had developed a physical relationship with each other more than a one and when the victim family member were try to contact via phone than accused had dropped the victim to her home and on the basis of the aforementioned story under section 64(2)(m), and 127(2) of BNS has been registered by the concerned police station and thereafter after a due investigation in the present matter charge sheet has been filed against the accused for the offence under section 64(2)(m),127(2) of BNS. Hence, this bail application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that victim is a married lady aged about 30 years and the victim came in contact since 01.01.2026 and she was a consenting party, when the said fact came to the knowledge of her family members, she lodged an FIR against the applicant. The applicant is in jail since 05.02.2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 3 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has no criminal antecedent. He further submits that as per the statement recorded under Section 183 of BNSS by the victim, wherein she stated that she was in contact with the applicant since 01.01.2026, the present applicant visited the house of the victim and took the her along with him and made forcefully sexual intercourse with her. 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 allegation levelled against the applicant and the statement recorded under Section 183 of BNSS by the victim, she is a married lady, victim came in contact with the applicant from 01.01.2026 and they were in a relationship and she was a consenting party, when the said fact came to the knowledge of her husband, she lodged an FIR against the applicant and he is in jail since 05.02.2026 and the charge-sheet has been filed, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the applicant – Premsagar Gond involved in Crime No.02/2026 registered at Police Chowki – Dindo, Police Station- Trikunda, District-Balrampur-Ramanujganj (C.G.), for the offence punishable under Sections 64(2)(m) of Bhartiya Nyay Sanhita, for short BNS, 2023, be released on bail on their furnishing a 4 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 of the trial court absence of the 5 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 for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali