1 CGHC010304492026 2026:CGHC:36563 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7579 of 2026 Damru Kawasi (Kashyap) S/o Budhram Kawasi (Kashyap) Aged About 21 Years Caste Madiya R/o Gotimari Para Vill Arracote Thana Parpa, District- Bastar, (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Thana Frezarpur Parpa, District- Bastar (C.G.) ... Respondent(s) For Applicant(s) : Mr. Vikas A. Shrivastava, Advocate. For Respondent(s) : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/08/2026 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. 100/2026 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Frezarpur Parpa, District- Bastar (C.G.) for the offence punishable under Section 69 of BNS. 2. Case of the prosecution, in brief, is that between 06.11.2024 and 11.12.2025, at village Errakot Podiyapara, at the applicant/accused Damru Kawasi’s house, the applicant allegedly established sexual relations with the victim on multiple occasions by deceitfully assuring her that he would marry her and keep her with him, despite having no intention to fulfil such promise. As a result, the victim became pregnant and subsequently gave birth to a male child. During investigation, the victim was medically examined, however, the doctor did not give any definite opinion regarding sexual intercourse, and the FSL report also reported that no human spermatozoa were detected in the vulval and vaginal swabs. In her statement recorded before the Magistrate under Section 183 of the BNSS, the victim reiterated the allegation that the applicant had established physical relations with her on the promise of marriage. She further stated that the applicant refused to visit the hospital at the time of delivery and has not married her. 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 applicant and the victim were acquainted to each other for about two years and were in a consensual relationship, pursuant to which they 3 established physical relations with each other on several occasions, wherein victim was the consenting party. The applicant is in jail since 20.06.2026, 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. She further submits that the applicant allegedly established physical relations with victim on multiple occasions on the false promise of marriage, as a result of which she became pregnant and subsequently gave birth to a male child and the applicant later on refused to marry her, the said fact is also corroborated from the statement of victim recorded under Section 183 of BNSS. 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 20.06.2026, the fact that though the applicant allegedly established physical relations with victim on multiple occasions on the false promise of marriage, as a result of which she became pregnant and subsequently gave birth to a male child and the 4 applicant later on refused to marry her, but considering the fact that the applicant and the victim were acquainted to each other for about two years and were in a consensual relationship, pursuant to which they established physical relations with each other on several occasions, wherein victim was the consenting party and when their relationship could not materialized, victim lodged the present FIR against the applicant, also considering the statement of victim recorded under Section 183 of BNSS and the fact that the applicant has no criminal antecedent, the charge-sheet has been filed, 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-Damru Kawasi (Kashyap), involved in Crime No. 100/2026 registered at Police Station Frezarpur Parpa, District- Bastar (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 5 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 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