1 CGHC010290012026 2026:CGHC:32589 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6828 of 2026 Ram Narayan Gupta @ Rahul Gupta S/o Baldev Prasad Gupta Aged About 21 Years R/o Chhirra, Harikrishna Hospital Ke Samne, Ward No. 2, Katghora, Thana Katghora, District Korba Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station Katghora, District Korba Chhattisgarh ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer. For Objector : Mr. Amit Singh Chouhan, Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 29.07.2026 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. 168/2026 registered at Police Station : Katghora, District – Korba (C.G.) for the offence punishable under Section 69 of the Bhartiya Nyaya Sanhita, 2023. 2. The brief prosecution case is that on 15.05.2026, the victim lodged a written report before Police Station Katghora, District Korba (C.G.), against the applicant, alleging that the applicant had established sexual ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.30 10:43:53 +0530 2 relations with her on the false pretext of marriage from 26.02.2025 to 25.04.2026 at various places. Thereafter, the police registered Crime No. 168/2026 against the applicant for the offence punishable under Section 69 of the Bharatiya Nyaya Sanhita (B.N.S.). 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the victim is a major and married woman having one daughter. It is contended that the victim was a consenting party. He also submits that the applicant has no criminal antecedents and has been in judicial custody since 30.06.2026. Considering that the conclusion of the trial is likely to take some more time, it is prayed that the present applicant be enlarged on regular bail. 4. On the other hand, learned State Counsel as well as learned counsel for the objector oppose the bail application and submit that the charge-sheet has already been filed before the competent Court. It is argued that the present applicant, on the false pretext of marriage, established sexual relations with the victim and subsequently refused to marry her. Therefore, considering the nature and gravity of the allegations, it is submitted that the applicant is not entitled to the grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and upon perusal of the statement of the victim recorded under Section 183 of the BNSS, it appears that the victim is a major and married woman having one daughter. Prima facie, it appears that the victim and the present applicant were in a consensual relationship and had established physical relations. Thereafter, their relationship could not materialize, and consequently, the 3 present FIR came to be lodged by the victim on the allegation that the present applicant refused to marry her. Further, considering that the charge-sheet has already been filed before the competent Court, the applicant has been in judicial custody since 30.06.2026, and the conclusion of the trial is likely to take considerable time, this Court is of the opinion that the applicant is entitled to be released on bail. 7. Let applicant, Ram Narayan Gupta @ Rahul Gupta, involved in Crime No. 168/2026 registered at Police Station : Katghora, 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 4 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 Abhishek