Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 34439 (CHH)

PARAG PATEL v. STATE OF CHHATTISGARH

MCRC/6230/2026 · 2026-08-31

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010261012026 2026:CGHC:38676 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6230 of 2026 Parag Patel S/o- Bhopal Patel Aged About 27 Years R/o- Panchdhar, Thana And Tehsil Sahiya, District- Sarangarh (C.G.) Present Address- In Front Of Urmila Hospital, Nahar Road, Bhatagaon, Thana Purani Basti, District- Raipur (C.G.) ...Applicant versus State Of Chhattisgarh Through Police Station - D.D. Nagar, District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Awadh Tripathi, Advocate. For Non-applicant/State : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.09.2026 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. 335/2026, registered at Police Station : D.D. Nagar, District - Raipur (C.G.) for the offence punishable under Sections 69,296,115(2) & 351(3) of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.09.01 16:07:04 +0530 2 2. The case of the prosecution, in brief, that the applicant/victim filed a written complaint at DD Nagar police station, Raipur district, Chhattisgarh and lodged a report to the effect that she and Parag Patel, resident of Raigarh, bearing numbers 7389793161, 9399109290, knew each other for oneyear, were in a love relationship through conversation for the last seven months, he promised to marry her for seven months, told her to tell at home that everything was a lie, after doing so, on 2 March 2026, for the first time, he had physical relations with her at his home in front of Omkar Homes Om Hospital and after that, when she talked about taking the matter further, he beat her till she became unconscious, and when she talked about leaving him, he beat her till she got injured on the head, forcibly tied her hands and legs in his room and threatened for dire consequences and also trying to make her fell from the terrace of the building and accordingly on the pretext of marriage committed such offence. 3. Learned counsel for the applicant submits that the allegations levelled against the applicant are false and frivolous and that no prima facie offence of cheating or any other alleged offence is made out against him. It is submitted that the applicant and the victim, both being residents of Raigarh/Sarangarh District, came into contact through Instagram about a year ago, thereafter developed friendship and a consensual love relationship, and had been residing together since March, 2026. The applicant never deceived the victim on the promise of marriage, nor did he ever refuse to marry her, and there was no discussion regarding marriage between them. It is further submitted that the victim voluntarily entered into the relationship and continued 3 to cohabit with the applicant without making any complaint to her family or the police. Learned counsel further submits that due to differences between the applicant and the victim regarding his communication with other girls in connection with his work at NGO Muskan Foundation, an altercation took place, whereafter the victim threatened to send the applicant to jail and subsequently lodged a false complaint against him. It is also submitted that the conduct of the parties and the documents on record, including bills and payments made by the applicant towards an AC installed at the victim's residence, clothes, cosmetics and medical treatment, demonstrate the nature of their relationship and the applicant's care towards the victim. It is further submitted that the statement of the victim under Section 183 of the BNSS has already been recorded and, being a major lady, she herself has stated regarding her long-standing relationship with the applicant and that she was taken to the hospital after being assaulted by her brother. Thus, the allegations against the applicant are false, omnibus in nature and do not prima facie establish the alleged offences. The applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with the prosecution evidence or witnesses, and he is ready to abide by all the terms and conditions imposed by this Hon'ble Court; hence, he may kindly be enlarged on 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. 4 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 27.05.2026 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. Let applicant - Parag Patel, involved in Crime No. 335/2026, registered at Police Station : D.D. Nagar, District - Raipur (C.G.) for the offence punishable under Sections 69,296,115(2) & 351(3) 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 5 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