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2026 DAILYLAW 32383 (CHH)

PUSHPENDRA KUMAR CHAUHAN v. STATE OF CHHATTISGARH

MCRC/7512/2026 · 2026-08-13

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Judgment text

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1 CGHC010315432026 2026:CGHC:36306 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7512 of 2026 Pushpendra Kumar Chauhan S/o Resham Lal Chauhan Aged About 28 Years R/o Village - Gadhgodhi, District Sakti Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Sakti, District Sakti Chhattisgarh ... Non-applicant For Applicant : Mr. Praveen Sharma, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.08.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 276/2026, registered at Police Station : Sakti District Sakti (C.G.) for the offence punishable under Section 69 of the BNS. 2. The prosecution case, in brief, is that on 18.06.2026, the victim lodged a written complaint at Police Station Sakti, District Sakti, alleging that VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.14 16:07:23 +0530 2 she was acquainted with the applicant, who used to frequently visit the canteen situated at Janpad Office, Sakti, where she was working. It is alleged that in August 2024, the applicant took the victim to his house on the pretext of getting some work done and thereafter established physical relations with her. It is further alleged that the applicant continued to have physical relations with her on the assurance of marriage, but subsequently refused to marry her and threatened her. The victim further alleged that in February 2026 she became pregnant and informed the applicant, where after he allegedly pressurized her and administered medicines, resulting in miscarriage. Thereafter, she disclosed the incident to her brother and relatives. On the basis of the complaint, Crime No. 276/2026 was registered at Police Station Sakti for the offence punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023, and investigation was initiated. 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, as per the statement of the victim, she was acquainted with the applicant and had been in a relationship with him for about three years, and the WhatsApp conversations forming part of the charge-sheet also prima facie show continuous communication and a close relationship between them for a considerable period. Learned counsel further submits that there is no direct or indirect evidence connecting the applicant with the alleged offence and that the victim had demanded Rs.15 lakhs from the applicant and, upon his inability to fulfil the demand, threatened to implicate him in a false case, for which the applicant had already submitted a complaint before the 3 police on 16.04.2026. It is further submitted that the applicant is the sole earning member of his family, has been in custody since 18.06.2026, and the trial is likely to take considerable time. The applicant is a permanent resident of Village Gadhgodhi, Sakti, supports his elderly mother, wife and children, and there is no likelihood of his absconding. He undertakes to cooperate with the trial and abide by all conditions imposed by the Court. Therefore, the applicant prays for grant of bail. 4. On the other hand learned State counsel State opposed the bail application of the present applicant and submits that the present applicant on the pretext of marriage established physical relationship with the victim, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of the allegations levelled against the applicant, and the material available on record, including the FIR and the statements recorded under Section 183 of the BNSS, which prima facie indicate that the victim, being a major, was in a consensual relationship with the applicant, during which a physical relationship was established and thereafter the relationship could not materialize, leading to the lodging of the present FIR, and further taking into account that the applicant has been in custody since 18.06.2026 and that the trial is likely to take considerable time to conclude, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case. 7. 7. Let applicant - Pushpendra Kumar Chauhan, involved in Crime No. 4 276/2026, registered at Police Station : Sakti District Sakti (C.G.) for the offence punishable under Section 69 of the BNS., be released on bail on furnishing personal bond with two local 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 his 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 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. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav