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2026 DAILYLAW 36072 (CHH)

BRAJESH KHANDE v. STATE OF CHHATTISGARH

MCRC/7730/2026 · 2026-09-17

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010324002026 2026:CGHC:40767 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7730 of 2026  Brajesh Khande S/o Late Nathuram Khande Aged About 25 Years R/o. Village- Pamgarh, P.S.- Pamgarh, District- Janjgir-Champa (C.G.) ... Applicant versus  State Of Chhattisgarh Through Police Station - Mahila Thana, District - Janjgir Champa (C.G.) ... Non-Applicant For Applicant : Mr. Kashish Saluja, Advocate For State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 18.09 .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. 16/2026 registered at Police Station Mahila Thana, District Janjgir-Champa (C.G.), for the offence punishable under Sections 69, 64(2)(m), 351(3) of BNS. 2. Case of the prosecution, in brief, is that the prosecutrix lodged an FIR on 24.06.2026 to the effect that the present applicant on pretext of marriage sexually exploited her for period of three years, and subsequently refused to marry. On such complaint, police registered offence as stated above. 3. Mr. Kashish Saluja, counsel for the applicant would submit that the SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.09.18 16:53:36 +0530 2 prosecutirx is a major married lady aged about 36 years. He would contend that a false allegation has been made against the present applicant. He would submit that there was consensual relationship between them. It is argued that in the present case, charge-sheet has been filed and applicant is in jail since 04.07.2026. He would pray for grant of bail. 4. On the other hand, learned counsel for the State would oppose the bail application. Ms. Ankita Shukla, P.L. would submit that there are serious allegations against the present applicant as he sexually exploited the lady against her will, and therefore, application deserves to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Having considered the facts and circumstances of the case, nature and gravity of allegation levelled against the present applicant and the fact that the present applicant & the prosecutrix, aged about 36 years, maintained relationship for three years, charge-sheet has already been filed before the competent Court and applicant is in jail since 04.07.2026, I am inclined to allow bail application. 7. Accordingly, the regular bail application is allowed and it is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:- (i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court; 3 (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, & (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Sd/- (Rakesh Mohan Pandey) JUDGE $iddhant