1 CGHC010261402026 2026:CGHC:28899 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6127 of 2026 Krishna S/o Late Deepak Kumar Khanna, Aged About 26 Years R/o Village Khoddal Thana Urga, Tehsil And District Korba (C.G.) ...Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Urga, District Korba (C.G.) ... Non-Applicant For Applicant : Mr. Shubham Tripathi, Advocate. For Non-applicant/State : Ms. Monika Thakur, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 311/2026 registered at Police Station : Urga District Korba (C.G.) for the offence punishable under Section 69 of the Bhartiya Nyaya Sanhita, 2023. Digitally signed by JYOTI JHA Date: 2026.07.10 18:04:21 +0530 2 2. The prosecution case, in brief, is that the prosecutrix became acquainted with the applicant in June, 2025, during a visit to Madwarani Temple. Thereafter, they exchanged mobile numbers and remained in regular contact. It is alleged that the applicant expressed his love for the prosecutrix and promised to marry her. On 18.07.2025, he allegedly took her to his house on the pretext of marriage and established physical relations with her. Thereafter, on different dates, times and places, he allegedly continued to establish physical relations with the prosecutrix on the false promise of marriage. It is further alleged that the prosecutrix is presently about five months pregnant from the applicant. When she requested him to solemnize the marriage, the applicant allegedly refused to marry her or keep her with him. On the basis of the written complaint, Crime No. 311/2026 was registered at Police Station Urga, District Korba, for the offence punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the prosecutrix is a major and married woman who had been deserted by her husband. It is contended that the prosecutrix herself came into contact with the applicant in June, 2025, and thereafter they developed a consensual relationship. In support of the said contention, learned counsel has drawn the attention of this Court to Annexure A/3, which, according to him, demonstrates that the prosecutrix was already married. It is further submitted that the 3 applicant has been falsely implicated and that the relationship between the parties was consensual. It is stated that she has again gone to her husband and is staying with him. Therefore, it is prayed that the applicant be released on bail. Therefore, he prays for grant of regular bail to the applicant. 4. Per contra, learned State counsel opposes the bail application and submits that the applicant, on the false promise of marriage, repeatedly established physical relations with the prosecutrix, due to which she is presently pregnant. It is submitted that the allegations are grave in nature and are duly supported by the material collected during investigation. Considering the seriousness of the offence and the stage of the case, it is prayed that the bail application be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, and the material available on record, particularly the fact that the prosecutrix is a major married woman who had admittedly been deserted by her husband and that the prosecution case itself indicates that the applicant and the prosecutrix were acquainted since June, 2025 and had established a physical relationship, the allegation being that the applicant subsequently refused to marry her, and further considering the material placed on record 4 indicating that the prosecutrix has since returned to her matrimonial home and is presently residing with her husband, this Court is of the considered opinion that the applicant has been in judicial custody since 26.05.2026, the investigation is complete, and the trial is likely to take considerable time for its conclusion. Without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on regular bail. 7. Let applicant, Krishna, involved in Crime No. 311/2026 registered at Police Station : Urga District Korba (C.G.) for the offence punishable under Section 69 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 5 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 Jyoti