1 CGHC010347152026 2026:CGHC:41281 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8429 of 2026 * - Khageshwar Prasad Chandra Son Of Bhagirathi Chandra, Aged About 55 Years Resident Of Village Faraswani, Tahsil Dabhara, District Sakti (C.G.) ... Applicant Versus * - State Of Chhattisgarh Through The Station House Officer, Police Of Police Dabhara, District Sakti (C.G.) ... Non-Applicant For Applicant : Mr. Ishwar Jaiswal, Advocate For Non-Applicant/State : Mr. Sourabh Sahu, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 22/09/2026 1. The applicant has preferred this first bail application under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 as he is in jail since 04.08.2026 in connection with Crime No. 284/2026 registered in Police Station – Dabhara, District Sakti (CG) for commission of offence punishable under Section 64 (2) (m) of BNS. 2. As per prosecution story, the prosecutrix/victim got married with one Digamber Prasad Chandra at Village Faraswani and out of their wedlock two issues were born. Applicant was of acquaintance as he was resident of same village. The allegation against the present applicant is that the applicant on the pretext of marriage sexually assaulted her on 28.09.2025 and 12.07.2026 and later on he refused Digitally signed by RAMESH KUMAR VATTI Date: 2026.09.22 18:28:36 +0530 2 to marry. On the basis of said written complaint, an FIR was registered against the applicant 03.08.2026 at Police Station Dabhara. 3. Mr. Ishwar Jaiswal, learned counsel appearing for the applicant would argue that earlier the victim was staying in company of the present applicant in the month of September, 2025 and this fact is evident from report registered under the provision of Section 174 of BNSS dated 17.09.2025. He would further submit that written application was moved before the SHO, Police Station Dabhara by the victim on 16.09.2025 to the effect that she does not want to stay along with the present applicant. It is argued that earlier the applicant and the victim were residing together and according to the contents of the F.I.R. lodged on 03.08.2026, first time the applicant sexually assaulted the victim in the month of September, 2025 and subsequently on 12.07.2026. He would submit that the allegation made against the applicant is baseless. He would contend that charge-sheet has already been filed and the applicant is in jail since 04.08.2026. Thus, he would pray to release the applicant on regular bail. 4. On the other hand, Mr. Sourabh Sahu, learned Panel Lawyer appearing for the State/non-applicant would oppose. He would submit that there is serious allegation with regard to sexual assault. He would contend that the documents which have been placed on record by the applicant may not be considered at this stage. He would submit that the bail application deserves to the dismissed. 5. I have heard learned counsel for the parties and perused the case diary. 6. Perusal of copy of report lodged by the victim which was registered under Section 174 of BNSS dated 17.09.2025 would reveal that earlier 3 the applicant and the victim stayed together for considerable period. Annexure- A/4 dated 16.09.2025 would further reveal that the parties agreed to live separately and after one year, an F.I.R. has been lodged by the victim on 03.08.2026 to the effect that the present applicant sexually exploited her on the pretext of marriage on 28.09.2025 and 12.07.2026. The contents of the F.I.R. would show that the victim is married lady with two issues, charge-sheet has already been filed, the applicant is in jail since 04.08.2026, and further there is no criminal antecedent of the present applicant and the conclusion of the trial is likely to take some time, without expressing any opinion on merits of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 7. 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/her from disclosing such fact to the Court; II. He shall not act in any manner which will be prejudicial to a 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 the disposal of the trial; and, IV. He shall not involve himself in any offence of a similar nature in future. 4 8. The observation made in the course of this order is only for considering the case of the applicant on the application for the grant of regular bail. The concerned trial Court shall not be influenced or bound by any observation made in the course of this order. 9. Certified copy as per rules. Sd/- (Rakesh Mohan Pandey) Judge vatti