1 CGHC010335452026 2026:CGHC:38805 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8034 of 2026 Sohan Chaudhri S/o Shri Nathu Chaudhri Aged About 33 Years R/o Bijauri, Police Station Mandi Phuti Bodi, District Sehore M.P. ... Applicant versus State of Chhattisgarh Through Station House Officer, P.S. - Champa, District - Janjgir-Champa Chhattisgarh. ... Non-applicant For Applicant : Mr. Vivek Kumar Shrivastava, Advocate For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.09.2026 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. 279/2026 registered at Police Station - Champa, District - Janjgir- Champa, (C.G.) for the offence punishable under Sections 69 & 351(2) of the Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that a written complaint was lodged by the victim against accused Sohan Chaudhary, alleging that the accused/applicant, who was known to her, forcibly RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 established physical relations with her on 10 February 2024 and thereafter continued to sexually exploit her on the false promise of marriage. It is further alleged that, upon the victim coming to know that the accused was already married and attempting to distance herself from him, the accused threatened to circulate her obscene photographs and videos among her relatives and further threatened to kill her and her family members. During the course of investigation, the victim was medically examined with the consent of the victim and her mother, a spot map was prepared, statements of the witnesses were recorded, and the mobile phone of the accused was seized. The accused/applicant was arrested on 19 July 2026, and after completion of the investigation, the charge-sheet has been filed before the competent Court. Hence, the present bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and that the allegations levelled against him are false and baseless. It is further submitted that the applicant and the victim were known to each other since 2024 and were in a consensual relationship, and therefore, the allegations do not disclose any forcible or non- consensual act on the part of the applicant. He further submits that the applicant has no criminal antecedents and this is the first offence alleged against him. He also submits that the charge-sheet has already been filed, he is in jail since 19.07.2026, his continued incarceration would serve no useful purpose, and the conclusion of the trial may take some time, therefore, he prays for grant of regular 3 bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has been submitted before the competent Court in the present case. She further submits that, as per the statement of the victim recorded under Section 183 of the BNSS, though the applicant and the victim had initially become acquainted and remained in contact over telephone, the applicant subsequently developed a relationship with her on the promise of marriage. It is submitted that on 10 February 2024, when the applicant visited the victim’s house, he allegedly established physical relations with her without her consent, and thereafter, on several occasions, took her to hotels at Bilaspur and established physical relations with her on the assurance that he would marry her. It is further submitted that the victim subsequently came to know through her friend’s Instagram account that the applicant was already married and had two children, whereafter she tried to distance herself from him. The applicant allegedly threatened to circulate her obscene photographs and videos and also threatened her and her family members with dire consequences. It is further submitted that the applicant allegedly threatened the victim’s brother and demanded money, pursuant to which certain amounts were transferred to the applicant. Hence, the applicant does not deserve the benefit of bail. 5. I have heard learned counsel for the parties and perused the case diary. 4 6. Considering the facts and circumstances of the case, the submissions advanced on behalf of the parties and the material available on record, this Court finds that the applicant and the victim were known to each other and had been in contact for a considerable period prior to the alleged incident. The statement of the victim recorded under Section 183 of the BNSS itself indicates that the parties had developed friendship and thereafter remained in a relationship, with the victim admitting that they had been talking over telephone for a substantial period and that the applicant used to meet her and they had physical relations on several occasions. Thus, at this stage, the nature of the relationship between the parties and the circumstances emerging from the statement of the victim indicate that the relationship was not a case of a sudden or isolated occurrence, but was a continuing relationship between the parties. Further considering the fact that the charge-sheet has already been submitted in the present case before the competent Court, he has no previous criminal antecedents, and the present applicant is in jail since 19.07.2026 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let applicant, Sohan Chaudhri, involved in Crime No. 279/2026 registered at Police Station - Champa, District - Janjgir-Champa, (C.G.) for the offence punishable under Sections 69 & 351(2) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two local sureties in the like 5 amount 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 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 6 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan