1 CGHC010258352026 2026:CGHC:30187 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6344 of 2026 Lakhan Kumar Patnaik S/o- Dandasi Patnaik, Aged About 37 Years R/o- Block No. 51 H, Street No. 16 Sector 02 Bhilai- Durg P.S. Bhilai District- Durg (C.G.) ... Applicant versus State of Chhattisgarh Through P.S. Tamnar District- Raigarh (C.G.) ... Non-applicant For Applicant : Mr. F.S. Khare, Advocate. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer. For Objector : Objector in person. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 16.07.2026 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. 82/2026 registered at Police Station : Tamnar, District – Raigarh (C.G.) for the offence punishable under Section 69 of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, the complainant/victim lodged a report at Police Station Tamnar on 23.04.2026 stating that the accused is a resident of Bhilai, District Durg. In the year 2023, she came into contact with the accused through a matrimonial website. The accused befriended her and, while talking to her on the pretext of marriage, came to her ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.16 15:59:41 +0530 2 house at Tamnar on 14.12.2025. In the absence of the victim’s family members, the accused allegedly established physical relations with her by professing his love for her, despite her refusal. Thereafter, on 20.12.2025 and 17.01.2026, the accused took the victim to Bilaspur, where they stayed at an OYO Hotel in Sarkanda, and again allegedly established physical relations with her. Subsequently, on 25.01.2026, the accused visited Tamnar along with his family for the purpose of marriage, and the marriage was fixed between them. An engagement ceremony was thereafter held on 08.02.2026. After the engagement, the accused allegedly kept making excuses regarding the date of marriage and stated that he would solemnize a court marriage with the victim. On 11.03.2026, the accused called the victim and informed her that he was coming to Raigarh that night and that both of them would go to the Collector’s Office to submit an application for marriage. He instructed the victim to reach her brother’s house. Acting upon the instructions of the accused, the victim went to her brother’s house, where, during the night, the accused again allegedly established physical relations with her. On 12.03.2026, the accused submitted an application under the Special Marriage Act. However, thereafter, the accused stopped contacting the victim and did not respond to her phone calls. When the victim went to Raipur and asked the accused to marry her, he refused. On the basis of the said complaint, the police of Police Station Tamnar registered First Information Report bearing Crime No. 82/2026 against the accused/applicant for the offence punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that as per the applicant, the marriage between the parties was fixed as both 3 belonged to the same community/caste. However, the victim’s family kept postponing the date of marriage. Thereafter, the applicant’s family requested the return of the gold and silver ornaments that had been exchanged during the engagement. It is alleged that the victim and her family members misbehaved with the applicant and his family members. The applicant further submits that, due to the victim’s threats to implicate him in a false criminal case, he went to Raigarh to submit an application for marriage under the Special Marriage Act (court marriage). During that period, the applicant’s father fell seriously ill, and therefore the applicant could not appear before the competent authority under the Special Marriage Act. According to the applicant, it is for this reason that the victim lodged a false case against him. He also submits that the victim is a major lady and was a consenting party to the relationship. He further submits that the present applicant has been in jail since 24.04.2026 and the conclusion of the trial may take some more time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. He further submits that the present applicant, on the false promise of marriage, established physical relations with the victim and subsequently refused to marry her. Therefore, he submits that the applicant is not entitled to the grant of regular bail. 5. The victim, who is present in person, has also opposed the bail application and submits that the applicant, on the false promise of marriage, established physical relations with her and thereafter refused to marry her. Therefore, she submits that the applicant is not entitled to the grant of regular bail in the present case. 4 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case and from perusal of the statement of the victim recorded under Section 183 of the BNSS, it appears that the victim who is aged about 33 years and the present applicant were in a consensual relationship and they established sexual relationship, thereafter, their relationship could not be materialize, consequently, the present FIR has been lodged by the victim on the ground that the present applicant refused to marry her. Also considering the fact that the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 24.04.2026 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 8. Let applicant, Lakhan Kumar Patnaik, involved in Crime No. 82/2026 registered at Police Station : Tamnar, District – Raigarh (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 5 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. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 10. 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 Abhishek