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2026 DAILYLAW 26241 (CHH)

SANU KUMAR v. STATE OF CHHATTISGARH

MCRC/5194/2026 · 2026-07-09

Transfer Petitionbody2026

Judgment text

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1 CGHC010218302026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5194 of 2026 Sanu Kumar S/o Late Hiralal Aged About 29 Years Residence Of Dalganjan Dafai Choota Bazar, Chirmiri, Police Station And Tahsil- Chirmiri Dist- M.C.B. (C.G.) ... Applicant Versus State Of Chhattisgarh Through- Police Station - Chirmiri, District- M.C.B. (C.G.) ... Respondent(s) For Applicant : Mr. Mahesh Gole, Advocate For Respondent(s) : Ms. Smriti Shrivastava, P.L. HON'BLE SHRI RAMESH SINHA, CHIEF JUSTICE ORDER ON BOARD 10.07.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he is arrested in connection with Crime No. 158 of 2026 registered at Police Station – Chirmiri, District: Manendragarh-Chirmiri-Bharatpur (C.G.), SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2026.07.13 11:26:24 +0530 2 for the offence under Section 69 of B.N.S. 2. That, the prosecution story, in brief, is that the complainant alleged that the applicant and prosecutrix were known to each other since childhood and remained in relationship for a considerable period. It has been alleged that on the assurance of marriage physical relations were established and subsequently the applicant declined to marry. On the basis of the said report and during course of investigation, the applicant was arrested and crime was registered against him, leading to the filing of the present bail application. Hence this application. 3. Learned counsel for the applicant submits that the applicant is innocent, he has been falsely implicated in the present case and is under incarceration since 11.04.2026. He further submits that prosecutrix is major and there was a love relationship between the applicant and the prosecutrix, charge-sheet has been filed, there is no criminal antecedents against the applicant and conclusion of trial is likely to take quite some time, therefore, he may be granted bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the charge sheet has been filed before the competent Court. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions advanced by the learned counsel for the parties, the nature of the allegations, and the fact that the applicant has been in jail since 11.04.2026, charge-sheet has been filed and further considering that there was a love relationship between the applicant and prosecutrix and there are no criminal antecedents of the applicant, trial will take considerable time to conclude, and without commenting on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the application is allowed. 7. Let Applicant- Sanu Kumar involved in Crime No. 158 of 2026 registered at Police Station – Chirmiri, District: Manendragarh-Chirmiri-Bharatpur (C.G.), for the offence under Section 69 of B.N.S 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. 4 (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 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 for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Saurabh