1 CGHC010308752026 2026:CGHC:35968 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7336 of 2026 Ashok Yadav S/o Gowardhan Yadav Aged About 50 Years R/o Sethi Nagar Shivrinarayan, Police Station - Shivrinarayan, District Janjigr- Champa Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station - Shivrinarayan, District Janjigr-Champa Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Ashutosh Shukla, Advocate. For Respondent(s) : Mr. S.S. Baghel, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/08/2026 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. 221/2026 registered at Police Station Shivrinarayan, District Janjigr-Champa (C.G.) for the offence AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 punishable under Section 69 of BNS. 2. Case of the prosecution, in brief, is that the complainant/victim, a 42-year-old widow having a son aged 21 years and a daughter aged 17 years, alleged that after the death of her husband in 2023, she came into a relationship with the present applicant. It is alleged that the applicant and the victim were in an affair and had a physical relationship from 05.11.2023 till February 2026. When the victim allegedly insisted upon the applicant marrying her, he refused to marry her. Thereafter, she lodged a complaint alleging that the applicant had established a physical relationship with her on the pretext of marriage. On the basis of the said complaint, the present applicant has been booked for the alleged offence punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023. 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 42- year-old widow with a 17-year-old daughter and that she was in a consensual relationship with the applicant from 05.11.2023 till February 2026. During the subsistence of the said relationship, they established physical relations with each other, with the victim being a consenting party. He also submits that when the relationship did not materialize, the victim lodged the present FIR against the applicant with the intention of harassing him. The 3 applicant is in jail since 13.07.2026, 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. He further submits that the applicant allegedly established a physical relationship with the victim from 05.11.2023 to February 2026 on the pretext of marrying her, but subsequently refused to marry her and exploited her for sexual purpose, 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 13.07.2026, the fact that though the applicant allegedly established a physical relationship with the victim from 05.11.2023 to February 2026 on the pretext of marrying her and subsequently refused to marry her, but considering the fact that the victim is a 42-year-old widow with a 17-year-old daughter and that she was in a consensual relationship with the applicant from 05.11.2023 till February 2026, on account of which, they established physical relations with each other, wherein victim is a consenting party and when their relationship could not materialized, the victim lodged 4 the present FIR against the applicant, also considering the statement of victim recorded under Secton 183 of BNSS and the fact that the applicant has no criminal antecedent, the charge- sheet has been filed in the pretense case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the application is allowed. 8. Let the Applicant-Ashok Yadav, involved in Crime No. 221/2026 registered at Police Station Shivrinarayan, District Janjigr-Champa (C.G.) for the offence punishable under Section 69 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 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 5 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