1 2026:CGHC:16375 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3212 of 2026 Shahil @ Shohel Khan S/o Naeem Khan Aged About 23 Years R/o Village Kadari, Tahsil - Beltara, Police Station - Ratanpur, District - Bilaspur Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station - Sirgitti, District - Bilaspur Chhattisgarh. ... Non-applicant For Applicant : Mr. Abhipreet Bajpai, Advocate For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.04.2026 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. 53/2026 registered at Police Station : Sirgitti, District - Bilaspur, (C.G.) for the offence punishable under Sections 69, 296 and 115(2) of the Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the victim submitted a written complaint before the Station House Officer, Police Station RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Sirgitti, District Bilaspur (C.G.), inter alia stating that she is educated up to 8th standard and resides near Jaitkham at Indrapuri, within the jurisdiction of Police Station Sirgitti, District Bilaspur, she has one brother, her father and brother are engaged in running an auto-rickshaw, and her mother works as a labourer, she resides with her father, mother, brother, sister-in-law (Bhabhi) and their daughter, about two years prior, she came into contact with the present applicant, Shohel Khan, through Instagram, and thereafter they exchanged phone numbers and started conversing, initially she ignored his expression of love, but subsequently they developed a relationship, the applicant proposed marriage and on 12.05.2025 came to meet her at Indrapuri Tifra and, upon learning that no one was present at her house, went inside with her and, on the pretext of marriage, established physical relations, thereafter the applicant took her to various places and repeatedly established physical relations with her, when she insisted upon marriage, the applicant avoided the same, leading to quarrels, though their relationship later became cordial, on 21.01.2026, the applicant again came to meet her at Indrapuri Tifra, took her to his rented house on the pretext of going to Rajeev Gandhi Chowk, and again established physical relations, when she objected to such conduct without marriage, the applicant abused her in filthy language, assaulted her, and refused to marry her, whereafter she returned home and disclosed the incident to her family members, and that on the basis of her written report dated 25.01.2026, an offence bearing Crime No. 53/2026 was registered on the same day for offences 3 punishable under Sections 69, 296 and 115(2) of the Bharatiya Nyaya Sanhita, 2023, and investigation was set in motion. Hence, the present bail application. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the aforesaid case. He further submits that as per the own version of the victim in her written report, she was in friendship and a love relationship with the applicant for the last two years after coming into contact through Instagram, and out of their consensual relationship, physical relations were established between them, which does not constitute an offence as both parties are major. It is further alleged that in May, 2025, when the applicant visited the house of the victim upon her informing that no one was present, the physical relationship was established with her consent, clearly indicating a consensual relationship between two major persons. He also submits that the victim is a major girl aged about 20 years and the applicant is about 23 years, and both are well aware of the consequences of their acts. The report is false, fabricated and suffers from unexplained delay of more than seven months from the initial incident and about four days from the last alleged incident dated 21.01.2026, which creates serious doubt on the prosecution story. He further submits that the statement of the victim under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not fully support the allegations made in the FIR, and though allegations of physical relationship are made, the MLC report clearly opines that no definite opinion can be given at present, thereby not corroborating the 4 prosecution case. He further submits that the applicant has no criminal antecedents, the charge-sheet has already been filed, he is in jail since 25.01.2026, his continued incarceration would serve no useful purpose, and the conclusion of the trial may take some time, and therefore, considering the consensual nature of the relationship, delay in lodging the report, and lack of medical corroboration, no offence under Sections 69, 296 and 115(2) of the Bharatiya Nyaya Sanhita, 2023 is made out against the applicant, and he is entitled to be enlarged on bail. 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 the applicant has committed serious offences and has established physical relations with the victim on the false pretext of marriage on several occasions. She further submits that despite repeated assurance, he refused to marry her and also subjected her to abuse and assault. She also submits that the present applicant has 01 previous criminal antecedent. The allegations are grave in nature and supported by the statement of the victim and other material collected during investigation, therefore, considering the seriousness of the offence and conduct of the applicant, he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 5 6. Considering the facts and circumstances of the case, the nature of allegations, the material available on record, and the submissions advanced by learned counsel for the parties, particularly that the victim is a major and was in a consensual relationship with the applicant for a considerable period, there is delay in lodging the FIR, the statement of the victim under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not fully corroborate the prosecution story, and further that the medical evidence does not support the allegations as the doctor, in the MLC report, has opined that no definite opinion can be given at present. Further considering the fact that the charge-sheet has already been submitted in the present case before the competent Court and the present applicant is in jail since 25.01.2026 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, Shahil @ Shohel Khan involved in Crime No. 53/2026 registered at Police Station : Sirgitti, District - Bilaspur, (C.G.) for the offence punishable under Sections 69, 296 and 115(2) of the Bharatiya 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 6 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 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