1 CGHC010252912026 2026:CGHC:36363 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6246 of 2026 Sumarsai Binjhwar S/o Sukhlal Singh Binjhwar Aged About 24 Years R/o Village Thorthirai Police Station Prem Nagar, District- Surajpur (C.G.) At Present R/o Dhodabahar, Parla, Police Station Bango, District- Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Chowki - Korbi, District- Korba (C.G.) ... Non-Applicant For Applicant : Shri Aditya Khare, Advocate. For Non-Applicant : Miss Ritika Verma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14/08/2026 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.148/2026 registered at Police Station : Chowki Korbi, District Korba (C.G.) for the offence under Section 376(2)(n) of the IPC. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.17 11:26:52 +0530 2 2. The prosecution case, in brief, is that the victim has lodged a report with the concerned Police Station stating that in the year 2017 she became acquainted with the applicant and they used to have talks on mobile. Thereafter, the applicant had proposed her and on the assurance of marriage, the applicant has committed sexual intercourse with her on several occasions. Later on, when the applicant refused to marry her, FIR was lodged. Hence the bail application. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. The victim is a major lady and from her conduct, it is evident that she was consenting party. There was affair between the applicant and the victim. FIR has been lodged with inordinate and unexplained delay of more than 7 years. The applicant does not have any criminal antecedent and he is in jail since 16.6.2026. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the applicant does not have any criminal antecedent, and the charge sheet has been submitted against the applicant. 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, and the fact that the charge sheet has already been submitted 3 against the applicant, further considering the fact that there was affair between the applicant and the victim since 2017 and when their relationship could not be materialized, FIR has been lodged that too with a delay of more than 7 years, their relations appear to be consensual, the applicant does not have any criminal antecedent and he is in jail since 16.6.2026 and conclusion of trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Sumarsai Binjhwar, involved in Crime No.148/2026 registered at Police Station : Chowki Korbi, District Korba (C.G.) for the offence under Section 376(2)(n) of the IPC, be released on bail on furnishing 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 their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail 4 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 applicants are 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 them 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. - Sd/- (Ramesh Sinha) Chief Justice Barve