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2026 DAILYLAW 34297 (CHH)

KRISHNA RAI v. STATE OF CHHATTISGARH

MCRC/8085/2026 · 2026-08-31

body2026

Judgment text

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1 CGHC010335012026 2026:CGHC:38640 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8085 of 2026 1 - Krishna Rai S/o Late R.P. Rai Aged About 52 Years R/o CSEB Colony Station Road, Champa, P.S. Champa, District- Janjgir-Champa (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- Champa, District- Janjgir- Champa (C.G.) ... Non-applicant For Applicant : Mr. B. P. Sharma, Advocate appears along with Shri M. L. Sakat, Advocate. For Non-applicant/State : Ms. Anusha Naik, Dy. G.A. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 01.09.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail NIKITA JAIN Digitally signed by NIKITA JAIN Date: 2026.09.01 15:42:04 +0530 2 to the applicant who has been arrested in connection with Crime No.400/2026 registered at Police Station - Champa, District – Janjgir Champa (C.G.) for the offence punishable under Section 69 of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant/victim, a married woman, approached Police Station Champa alleging that the applicant/accused Krishna Rai had established physical relations with her on several occasions during the period of about one year by allegedly inducing her on the false promise of love. The applicant initially became acquainted with the victim on the pretext of teaching her to drive her newly purchased car and thereafter established physical relations with her at different places. It is further alleged that the applicant recorded an objectionable video of the victim and kept the same in a mobile phone. The prosecution further alleges that when the victim refused to meet the applicant, he threatened to make the objectionable videos viral and disclose the same to her husband. Based on the said complaint, the police registered an offence punishable under Sections 69 of the B.N.S. against the applicant. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He submits that the victim is a married woman, who had a love relationship with the applicant and was a 3 consenting party. He also submits that the applicant is in jail since 24.07.2026 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned counsel State counsel opposes the bail application on the basis of the allegations made by the victim and the alleged threat relating to the objectionable video, and has submitted that, in view of the nature and gravity of the allegations, the applicant is not entitled to the grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence, the fact that the victim is a married woman, who had a love relationship with the applicant and was a consenting party, seizure of the relevant electronic devices, also considering the fact that the charge-sheet has been submitted before the competent Court in the present case and the applicant has been in jail since 24.07.2026, 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. Let applicant, Krishna Rai, involved in Crime No.400/2026 registered at Police Station - Champa, District – Janjgir Champa (C.G.) for the offence punishable under Section 69 of the Bhartiya 4 Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like 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) 5 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 send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Nikita