1 2026:CGHC:11043 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2104 of 2026 Tejram Yadav S/o Shri Ram Yadav Aged About 25 Years R/o Gram Jaraud Thana Bhatapara (Gramin), Distt. Baloda Bazar Bhatapara, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through The P.S. Bhatapara (Gramin), Distt. Baloda Bazar Bhatapara, Chhattisgarh. ... Non-applicant(s) For Applicant(s) : Mr. Deepak Kumar Jain, Advocate. For Non-applicant(s) : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/03/2026 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. 699/2025 registered at Police Station Bhatapara (Gramin), District Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 69 of BNS. 2. As per the prosecution story, the victim lodged a report against the applicant stating that she was married to Bedaram Sahu, a KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 resident of Village Karahu, in the year 2022 as per social customs, however due to family disputes they got divorced about three years ago and thereafter she started residing with her parents at Village Jaroud along with her daughter born from her previous marriage. It is alleged that the victim developed a love affair with the applicant and both were involved in a physical relationship and the applicant established physical relations with her on the pretext of marriage as a result of which she became pregnant. It is further alleged that the applicant later refused to accept her and denied that the child was his. On 01.11.2025, the victim gave birth to a male child at her residence in Village Jaroud and since the applicant neither married her nor kept her with him, she lodged the report on 02.11.2025, on the basis of which the police registered a case against the 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 an innocent person and has not committed any offence and has been falsely implicated in the present case, as there is absolutely no cogent evidence available against him. It is further submitted that the victim is a widow lady aged about 25 years, previously married and having one daughter from her earlier marriage and she is an educated and consenting party who was well aware of what was good or bad for her. It is submitted that the relationship between the applicant and the victim was purely voluntary and arose out of a love affair and the same could not culminate into marriage, which 3 led to the lodging of the present FIR. It is further submitted that blood samples of the applicant and the victim were collected for DNA testing to establish the biological parentage of the newborn child and the same were sent to the FSL and though the charge- sheet has been filed on 30.12.2025, the DNA report is still awaited. It is further submitted that the applicant is in judicial custody since 03.11.2025, he has no criminal antecedents and the trial is likely to take considerable time for its conclusion, therefore the applicant is entitled to be released on bail. 4. Learned State counsel opposes the prayer for grant of bail and submitted that as per the prosecution case, the applicant developed a relationship with the victim and established physical relations with her on the false promise of marriage, as a result of which she became pregnant and ultimately gave birth to a male child, however the applicant later refused to accept the victim and denied paternity of the child. It is further submitted that the allegations against the applicant are serious in nature and at this stage the DNA report is still awaited, which is a material piece of evidence for proper adjudication of the case. It is submitted that considering the nature and gravity of the offence and the material available on record, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, 4 nature and gravity of the offence, period of detention of the applicant since 03.11.2025, the fact that though the applicant is alleged to have established physical relationship with the victim on the false pretext of marriage and as a result of such relationship she became pregnant and gave birth to a male child and thereafter the applicant refused to marry her and denied paternity of the child, but considering the fact that the victim is a widow lady aged about 25 years and was in a consensual relationship with the applicant wherein she was a consenting party and when their relationship could not materialize into marriage the victim lodged the present FIR against the applicant, also considering the statement of the victim recorded under Section 183 of BNSS, the fact that the applicant has no criminal antecedents, the charge-sheet has already been filed and the trial is likely to take considerable time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Tejram Yadav, involved in Crime No. 699/2025 registered at Police Station Bhatapara (Gramin), District Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 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 5 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 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. 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 Kunal