1 CGHC010247172026 2026:CGHC:34255 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5964 of 2026 Sahil Kumar S/o Suresh Chandra Mahant Aged About 26 Years R/o House No. 46/455, Surakachhar, Post Bhairotal, Kusmunda, District : Korba, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through- Police Station Bankimongra, District : Korba, Chhattisgarh ... Non-Applicant For Applicant : Shri Vikas Kumar Pandey, Advocate. For Non-Applicant : Miss Palak Dwivedi, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05/08/2026 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.103/2026 registered at Police Station Bankimongra, District Korba (C.G.) for the offence under Section 64(2)(m) of the BNS. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.06 16:16:16 +0530 2 2. The prosecution case, in brief, is that the victim has lodged a written report with the concerned Police Station stating that from 2021 to 2025, the applicant maintained physical relations at different places with her on the pretext of marriage. However, when the applicant refused to marry the victim, FIR was registered against the applicant. 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 with her consent, they developed physical relationship for the last four years and both are consenting party. Since the applicant is a poor person, the family members of victim were not ready to marry with the applicant therefore due to pressure of family members, the victim has lodged the report against the applicant. As per medical report there is no external or internal injury found on the body of victim. There is long delay in lodging the FIR against the applicant. The police has seized mobile from applicant and no photo/video has been collected. The applicant is in jail since 17.5.2026. 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 has developed physical relations with the victim on the pretext of marriage and when he refused to marry the victim, FIR has been registered against him, and the charge sheet has been 3 submitted against the applicant. Therefore, the bail application may be rejected. 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 against the applicant, the applicant and the victim were in relationship from 2021 to 2025, the victim is a major lady and when their relationship could not be materialized, FIR has been lodged against the applicant, the applicant is in jail since 17.5.2026 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 – Sahil Kumar, involved in Crime No.103/2026 registered at Police Station Bankimongra, District Korba (C.G.) for the offence under Section 64(2)(m) of the BNS, 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 4 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 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. 5 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