1 CGHC010266572026 2026:CGHC:30625 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6408 of 2026 Balmukund Bharti S/o Dhaniya Bharti Aged About 33 Years R/o Bedapara, Village Kachnar, Police Station Bastar, District Bastar Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through The Officer-In-Charge, Police Station Parpa/ Frazerpur, District Bastar Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Manish Nigam, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/07/2026 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. 80/2026 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Parpa/ Frazerpur, District Bastar (C.G.) for the offence punishable under Section 69 of the BNS. 2. Case of the prosecution, in brief, is that the victim, aged about 29 years and a B.Sc. Final student, lodged an FIR on 09.04.2026 alleging that while working as a private security guard at Government Medical College, Dimrapal, she came into contact with the applicant, who allegedly established physical relations with her from 06.04.2024 on the false promise of marriage. It is further alleged that during the subsistence of their relationship, she became pregnant and gave birth to a female child on 22.07.2025. The present FIR came to be lodged after the applicant allegedly refused to marry her on the ground of non- cooperation from his family. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the victim is a major, educated woman aged about 29 years, pursuing B.Sc. Final, and was fully aware of her legal rights, the relationship between the applicant and the victim was voluntary, consensual, and continued for a considerable period. He also submits that the parties remained in a long-standing intimate relationship, during which the victim gave birth to a female child on 22.07.2025. It is argued that such a prolonged relationship, by itself, does not attract the provisions of Section 69 of the BNS, 2023, in the absence of 3 prima facie material showing that the promise of marriage was false from its inception. He later submits that the medical evidence does not conclusively indicate any forcible sexual assault. Further, the FSL report in respect of the vaginal swab and vaginal slide did not detect hsuman spermatozoa, which, according to the applicant, does not support the prosecution's allegations. The applicant is in jail since 09.04.2026, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant allegedly established physical relations with the victim on the false promise of marriage, as a consequence of which she became pregnant and gave birth to a female child, and thereafter refused to marry her. Therefore, the applicant is not entitled for grant of 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, nature and gravity of offence, period of detention of the applicant since 09.04.2026, the fact that though the applicant allegedly established physical relations with the victim on the false promise of marriage, as a consequence of which she became pregnant 4 and gave birth to a female child, and thereafter refused to marry her, but considering the fact that victim was a major girl aged about 29 years at the time of the incident, the applicant and the victim were in consensual relationship, on account of which, they established physical relationship, wherein victim was the consenting party, consequence of which she became pregnant and gave birth to a female child, thereafter, when their relationship could not be materialized, the victim lodged present FIR against the applicant to harass him, further considering the statement of victim recorded under Section 183 of BNSS and the fact that the applicant has no criminal antecedent, the charge-sheet has been filed, as such, 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-Balmukund Bharti, involved in Crime No. 80/2026 registered at Police Station Parpa/ Frazerpur, District Bastar (C.G.) for the offence punishable under Section 69 of the 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 5 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 Akhil