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2026 DAILYLAW 32169 (CHH)

NIKHIL MASIH @ BADE v. STATE OF CHHATTISGARH

MCRC/7725/2026 · 2026-08-19

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Judgment text

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1 CGHC010324012026 2026:CGHC:37379 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7725 of 2026 Nikhil Masih @ Bade S/o Naveen Masih Aged About 21 Years R/o Village - Ganeshpur Police Station - Simga, District - Balodabazar - Bhatapara, Chhattisgarh. ... Applicant Versus State Of Chhattisgarh Through Police Station Simga, District - Balodabazar - Bhatapara, Chhattisgarh. ... Respondent(s) For Applicant :Mr. Gagan Tiwari, Advocate. For Non-applicant/State :Ms. Ritika Verma, P.L. HON'BLE MR. RAMESH SINHA, CHIEF JUSTICE ORDER ON BOARD 20.08.2026 1. This is the 1st 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. 184/2026 registered at Police Station – Simga, District- Balodabazar-Bhatapara (C.G.), for the offences SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2026.08.20 17:43:52 +0530 2 under Section 69 of BNS. 2. As per the prosecution story, in brief, is that, the complainant submitted a written complaint dated 27.04.2026 before Police Station Simga, alleging that she had known the applicant for approximately two years and that they were in a love relationship. It was alleged that, on the promise of marriage, the applicant established physical relations with her on 08.08.2025, 10.12.2025 and 05.02.2026. That, thereafter, when the complainant asked the applicant to marry her, he allegedly refused on the ground that he had to discuss the matter with his parents and also allegedly made derogatory remarks against her. On the basis of the complaint, FIR No. 184/2026 was registered against the applicant under Section 69 of the Bharatiya Nyaya Sanhita, 2023. Hence this application. 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 complainant herself has stated that she had known the applicant for approximately two years and that they were in a love relationship. Learned counsel further submits that the alleged physical relations took place on different occasions during the subsistence of the said relationship and, therefore, the allegation that the applicant 3 had induced the complainant by making a false promise of marriage from the inception is prima facie not made out. It is further submitted that the applicant has been in custody since 10.05.2026, the investigation has already been completed and the charge-sheet has been filed before the learned Court below. Learned counsel submits that the trial is likely to take considerable time to conclude and there is no likelihood of the applicant absconding, tampering with the prosecution evidence or influencing the witnesses. Hence, considering the facts and circumstances of the case and the period of custody undergone by the applicant, it is prayed that the applicant be released on bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed before the competent Court. It is further submitted that the applicant has one criminal antecedent, in which he has already been acquitted of the offences punishable under Sections 294, 323 and 506-B of the IPC. 5. Considering the facts and circumstances of the case, the nature of allegations, the fact that the applicant and the complainant were known to each other for approximately two years and were admittedly in a love relationship, the period of custody undergone by the applicant since 10.05.2026, and 4 the fact that the investigation has been completed and the charge-sheet has already been filed, this Court is of the considered view that the applicant deserves to be enlarged on bail. There is no material at this stage to indicate that the applicant is likely to abscond, tamper with the prosecution evidence or influence the witnesses. Accordingly, without commenting on the merits of the case, the application is allowed. 6. Let Applicant- Nikhil Masih @ Bade involved in Crime No. 184/2026 registered at Police Station – Simga, District- Balodabazar-Bhatapara (C.G.), for the offences 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 5 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 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. 7. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Saurabh