1 CGHC010254322026 2026:CGHC:28457 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6088 of 2026 Ashok Kumar Chouhan S/o Shri Magheram Chouhan Aged About 26 Years Caste Ganda, R/o Near Lalit Paathshala, Jelpara Raigarh, Tahsil Raigarh, Distt. Raigarh, Chhattisgarh. ...Applicant versus State Of Chhattisgarh Through S H O P.S. Dabhara, Distt. Sakti, Chhattisgarh. ... Non-applicant For Applicant : Mr. T.K. Jha Senior Advocate with Mr. Parth Kumar Jha, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 190/2026, registered at Police Station : Dabhara, District - Sakti (C.G.) for the offence punishable under Section 69 of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.09 19:08:34 +0530 2 2. The prosecution story in brief is that on 30.05.2026 stated that on 27.01.2026 the present applicant committed forcefully sexual intercourse on promise to marry and various times he committed the same thereafter he refused to marry with her. That the present applicant has been arrested on 30.05.2026 and after investigation challan was filed. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the complainant is a major woman aged about 28 years and is related to the applicant. It is further submitted that there is an unexplained delay in lodging the FIR, which casts doubt on the prosecution case. Learned counsel submits that the applicant has been in judicial custody since 30.05.2026 and the trial is likely to take considerable time to conclude. It is also submitted that the applicant is a permanent resident of the address mentioned in the cause title, possesses movable and immovable properties within the jurisdiction, and there is no likelihood of his absconding or tampering with the prosecution evidence or influencing the witnesses. The applicant is ready and willing to furnish adequate surety and to abide by all the terms and conditions that may be imposed by this Hon'ble Court. Accordingly, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand learned State counsel State opposed the bail application of the present applicant and submits that the present applicant on the pretext of marriage established physical relationship with the victim, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Considering the facts and circumstances of the case, the nature of the allegations levelled against the applicant, the material available on record, including the FIR and the statements recorded under Section 183 of the BNSS, which prima facie indicate that the victim, being a major, was in a consensual relationship with the applicant, during which a physical relationship was established and thereafter the relationship could not materialize, leading to the lodging of the present FIR, and further taking into account that the charge-sheet has already been filed, the applicant has been in custody since 30.05.2025, and the trial is likely to take considerable time to conclude, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case. 7. 7. Let applicant, Ashok Kumar Chouhan, involved in Crime No. 190/2026, registered at Police Station : Dabhara, District - Sakti (C.G.) for the offence punishable under Section 69 of the BNS, be released on bail on furnishing personal bond with two local 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 4 cause, the trial court may proceed against his 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav