1 CGHC010206842026 2026:CGHC:28616 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4850 of 2026 Kaleshwar Sahu S/o Ashok Sahu Aged About 25 Years R/o Village- Pacheda, Police Station- Khallari, Tahsil- Bagbahra, District- Mahasamund (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Mahasamund, District- Mahasamund (C.G.) ... Respondent For Applicant : Shri Arun Kumar Shukla, Advocate. For Respondent/State : Shri 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.220/2026 registered at Police Station Mahasamund, District- Mahasamund (C.G.) for the offence punishable under Section 69 of GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.07.10 12:00:44 +0530 2 BNS. 2. Case of the prosecution, in brief, is that it is alleged that from 10.11.2024 to 21.12.2025 the applicant has committed sexual intercourse with the victim at Madhulika Lodge and Rasoi Restaurant situated at Mahasamund and other places on several times and later on the applicant has avoided to perform marriage with her. 3. Learned counsel for the applicant submitted that the victim is a major girl and she came in contact with the applicant through face book and they developed physical relationship and when the relationship could not materialize, present FIR has been lodged. He would submit that the the applicant is in jail since 26/04/2026 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submission of learned counsel for the parties, materials available on record, perused the statement of the victim who is a major girl recorded under Section 183 BNSS, considering the fact that she came in contact with the applicant through face book and they developed consensual relationship and when the relationship could not materialize, present FIR has been lodged, period of detention of the applicant since 26/04/2026 and also considering the fact that trial is likely to take some time for its conclusion, without commenting anything on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail in this case. 3 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Kaleshwar Sahu, involved in Crime No.220/2026 registered at Police Station Mahasamund, District- Mahasamund (C.G.) for the offence punishable under Section 69 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 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri