1 CGHC010228222026 2026:CGHC:36868 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5426 of 2026 Shiv Kumar Kurre S/o Anand Ram Kurre Aged About 25 Years R/o Village Ameradeeh, Police Station Malkharouda, District Sakti (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House O0cer, Police Of Police Station Malkharouda, District Sakti (C.G.) ... Non-applicant(s) For Applicant : Mr. Ishwar Jaiswal, Advocate. For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/08/2026 1. This is the :rst bail application :led under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 107/2026 registered at Police Station- Malkharouda, District- Sakti (C.G.) for the o>ence punishable under Sections 64(1), 296, 351(3) and 331(4) of BNS. 2. The case of the prosecution, in brief, is that on the basis of the written complaint lodged by the victim, Police Station Malkharoda KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 registered Crime No. 107/2026 for the o>ences punishable under Sections 64(1), 296, 351(3) and 331(4) of the Bharatiya Nyaya Sanhita, 2023. It is alleged that the victim is a resident of Village Kodi and her husband is engaged in driving work and had gone outside for the said purpose. It is further alleged that the applicant, had been asking her for about one month to establish physical relations with him. It is alleged that on 17.11.2025 at about 10:30 p.m., the applicant came to the house of the victim and forcibly established physical relations with her. It is further alleged that on 18.03.2026 at about 10:00 a.m., when the victim was present at her house, the applicant came near her house, abused her in :lthy language and threatened to assault her and also threatened to kill her husband, due to which she became frightened. Thereafter, she narrated the incident to her husband and lodged the report. After completion of investigation, charge-sheet has been :led before the competent Court. 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 the applicant is the Jeth of the victim and that the alleged incident is stated to have taken place on 17.11.2025, whereas the FIR was registered only on 18.03.2026, after a considerable delay. It is further submitted that the applicant and the victim were known to each other and were in a consensual relationship and that the husband of the victim subsequently came to know about their relationship, pursuant to which the present case has been lodged against the applicant. It is also submitted that the 3 charge-sheet has already been :led before the competent Court and the applicant is in jail since 04.05.2026. Accordingly, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the allegations against the applicant are serious in nature. It is submitted that applicant had forcibly established physical relations with her and had thereafter abused and threatened her and also threatened to kill her husband, if she narrated the incident to anyone. It is, therefore, submitted that merely because there is a delay in lodging the FIR, 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 and other material available on record. 6. Considering the facts and circumstances of the case, nature of the allegations and the period of detention of the applicant and the fact that the applicant and the victim were known to each other and as submitted by the learned counsel for the applicant that they were in a consensual relationship and that the husband of the victim subsequently came to know about their relationship, pursuant to which the present case came to be lodged against the applicant, coupled with the delay in lodging the FIR and the fact that the victim is a major and further considering that the investigation has been completed and the charge-sheet has been :led before the competent Court, thus without further commenting upon the merits of the case, this Court is inclined to grant bail to the applicant. 4 7. Accordingly, the bail application is allowed. 8. Let the Applicant- Shiv Kumar Kurre, involved in Crime No. 107/2026 registered at Police Station- Malkharouda, District- Sakti (C.G.) for the o>ence punishable under Sections 64(1), 296, 351(3) and 331(4) 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 :le an undertaking to the e>ect that he shall not seek any adjournment on the dates :xed 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 :xed, either personally or through his counsel. In case of his absence, without su0cient 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 :xed 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 5 the trial court on the dates :xed 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 su0cient 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 concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Kunal