Extracted from the PDF above. The PDF is authoritative.
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CGHC010249442026
2026:CGHC:31537 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.5836 of 2026 1 - Imamuddin S/o Muradu Khan Aged About 27 Years R/o Village Pokhra, P.S.- Babhani, District- Sonbhadra (U.P.)
Applicant (s) versus 1 - State Of Chhattisgarh, Through - S.H.O. Outpost- Wadrafnagar P.S. Basantpur, District- Balrampur- Ramanujganj (C.G.)
Respondent(s) For Applicant (s) : Mr. Pushkar Sinha, Advocate For Respondent(s) : Ms. Anusha Naik, Dy. GA Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 23.07.2026
1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.44/2026, registered at Police Outpost Wadrafnagar, Police Station Basantpur, District Balrampur-Ramanujganj (C.G. for the offence punishable under Sections 318 (4), 64 (1), 83 & 87 of BNS. Digitally signed by R NIRALA
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2. The case of the prosecution, in brief, is that the the victim lodged a written report on 12.03.2026 at Police Station Babhani, District Sonbhadra (U.P), alleging that she had become acquainted with the applicant/accused through Instagram about one and a half months earlier. On 17.02.2026, the accused allegedly induced her to accompany him and took her to the houses of his relatives, where he repeatedly established physical relations with her. It is further alleged that the he was already married and had three children. On 27.02.2026, he again established physical relations with her, thereafter, solemnized a court marriage, and took her to village Pokhra. On 10.03.2026 her family members traced her and brought her back home. Thereafter a case was registered against the applicant and he was arrested.
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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in crime in question. He further submitted that the victim is major and got acquainted with the applicant through social media and there was consensual relationship between them and she has lodged the FIR due to pressure and threats from her family members. He further submitted that the applicant is in jail since 19.05.2026, he has no criminal criminal antecedents, charge sheet has been filed and trial is likely to take quite long time for its conclusion, therefore, he prays that the applicant be released on regular bail. 3
4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that the applicant has established physical relations with the victim despite the fact that he is already a married person and has 3 children, which is corroborated by the statement of the victim under Section 183 of BNSS, wherein the victim has levelled the above said specific allegations against the applicant and the applicant has not refuted the above said fact in his bail application that he is a married person and has 3 children. Therefore, under the aforesaid circumstances, the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused all the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature of allegation and for the fact that the applicant has no criminal antecedents, the applicant is in jail since 19.05.2026, charge sheet has already been filed and conclusion of the trial is likely to take some time, therefore, without commenting anything on the merits of the case, I am inclined to allow this application. 7. Accordingly, the instant bail application of the applicant is allowed. 8. Let the Applicant – Imamuddin, involved in Crime No.44/2026, registered at Police Outpost Wadrafnagar, Police Station Basantpur, District Balrampur-Ramanujganj (C.G. for the offence punishable under Sections 318 (4), 64 (1), 83 & 87 of BNS, be
4 released on bail on furnishing personal bond with two local 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their 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
5 default as abuse of liberty of bail and proceed against him in accordance with law.”
9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Nirala