1 CGHC010310762026 2026:CGHC:36029 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7507 of 2026 1 - Ashvind Hansh @ Aashu S/o Shri Jagdish Hansh Aged About 22 Years R/o P I L Colony Champa, Distt. Janjgir- Champa Chhattisgarh, Present Address Samridh Vihar Sendari, Police Station Koni, Distt. Bilaspur Chhattisgarh … Applicant(s) versus 1 - State of Chhattisgarh Through District Magistrate, District Bilaspur Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Akash Singh, Advocate For Respondent(s)/State : Mr. S.S. Baghel, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.08.2026 1. The present is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking grant of regular bail to the Applicant, who has been arrested in connection with Crime No. 320/2026 registered at Police Station Koni, RUCHI YADAV Digitally signed by RUCHI YADAV 2 District Bilaspur (C.G.), for the offences punishable under Sections 64(2)(m) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”). 2. As per the prosecution story, in brief, the victim submitted a written complaint at Police Station Koni on 19.06.2026, alleging that in the year 2023, she and the Applicant were studying together in the same class. It is alleged that on 23.01.2024, the Applicant called the victim and informed her that he was unwell and requested her to take him to a doctor. Believing the Applicant, the victim went to his house, where, as alleged, the Applicant locked the door and forcibly established sexual relations with her and also recorded the incident on video. Thereafter, the Applicant dropped her at the gate of her P.G. It is further alleged that the Applicant thereafter blackmailed and threatened the victim on the basis of the said video and established sexual relations with her repeatedly from 23.01.2024 to 21.04.2026. It is alleged that on 21.04.2026, the Applicant established sexual relations with the victim for the last time and threatened to make the video viral. Subsequently, on 19.06.2026, the victim lodged a written complaint before the police, pursuant to which Crime No. 320/2026 was registered at Police Station Koni, District Bilaspur (C.G.), against the present Applicant for the aforesaid offences. 3. Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. It is submitted that although the victim has alleged that the Applicant had recorded a video of the alleged incident and thereafter threatened her with making the same viral, no such video has been recovered during investigation from the Applicant’s mobile phone or Instagram account. It is further 3 submitted that despite notice under Section 94 of the BNSS, the victim did not produce any such video before the Investigating Officer, which creates a serious doubt regarding the said allegation. It is further submitted that the Applicant and the victim are major and were known to each other and were in a relationship. The photographs collected by the Applicant indicate their close relationship, thereby creating a prima facie doubt regarding the allegation of forcible sexual intercourse. It is also submitted that there is a delay in lodging the FIR, as the alleged last incident took place on 21.04.2026, whereas the complaint was lodged on 19.06.2026. The Applicant has been in custody since 20.06.2026, the investigation is complete and the charge-sheet has been filed. He has no criminal antecedents and the trial is likely to take considerable time. Therefore, it is prayed that the Applicant may kindly be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the prosecutrix, in her statement recorded under Section 183 of the BNSS, has levelled serious allegations against the Applicant. It is further submitted that the Applicant had allegedly blackmailed and threatened the prosecutrix on the basis of the video and repeatedly subjected her to sexual relations. Considering the nature and gravity of the allegations, learned State counsel submits that the Applicant does not deserve the benefit of bail and, therefore, prays for rejection of the bail application. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Perusal of the statement of the victim recorded under Section 183 of 4 the BNSS goes to show that she has made specific and serious allegations against the present Applicant. She has stated that she and the Applicant were known to each other and were studying in the same class and used to communicate with each other. However, she has specifically alleged that on 23.01.2024, the Applicant called her to his residence on the pretext of being unwell and, after she reached there, closed the door, forcibly established physical relations with her despite her refusal, assaulted her and threatened her with dire consequences. She has further alleged that the Applicant threatened her that he had recorded a video of their physical relations and would make the same viral on social media if she disclosed the incident to anyone. Perusal of her statement further reveals that the Applicant allegedly subjected her to repeated sexual assault and blackmailed and threatened her from 23.01.2024 to 21.04.2026. She has further alleged that after she refused to meet him, the Applicant caused her nude video to be circulated through a fake Instagram account, which came to her knowledge on 15-16.06.2026. Thereafter, she disclosed the incident to her family members and lodged the report on 19.06.2026. 7. Considering the nature and gravity of the alleged offences, the specific allegations made by the victim, the period over which the alleged acts were committed, and the allegations of threats, blackmail and circulation of the alleged intimate video, this Court is of the view that the Applicant is not entitled to the discretionary relief of bail at this stage. The fact that the Applicant has no criminal antecedents and that the trial may take some time, though relevant, cannot by itself outweigh 5 the other circumstances appearing against him. Accordingly, having regard to the overall facts and circumstances of the case and without expressing any opinion on the merits of the case, this Court is not inclined to grant regular bail to the Applicant. 8. Accordingly, the bail application preferred by the applicant Ashvind Hansh @ Aashu in connection with Crime No. 320/2026 registered at Police Station Koni, District Bilaspur (C.G.), for the offences punishable under Sections 64(2)(m) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, deserves to be and is hereby rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE Ruchi