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2026 DAILYLAW 37519 (CHH)

AJAY KUMAR BAGHEL v. STATE OF CHHATTISGARH

MCRC/8432/2026 · 2026-09-27

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010337312026 2026:CGHC:42172 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8432 of 2026 Ajay Kumar Baghel S/o Late Sitaram Aged About 24 Years R/o Near Tanki Budtipara Ponsara, Police Station Koni, District- Bilaspur, (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Sarkanda, District- Bilaspur, (C.G.). ... Non-applicant For Applicant : Mr. Jitendra Banjara, Advocate For Non-Applicant : Mr. Dharmesh Shrivastava, Deputy Advocate General Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 28.09.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 383/2026 registered at Police Station Sarkanda, District Bilaspur (C.G.) for the offence punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that a written complaint was lodged by the prosecutrix on 18.03.2026 alleging that she had a love affair with the applicant for the past four years. It is alleged that on 04.11.2024, the applicant established 2 physical relations with her on the pretext of marriage, which continued till 18.06.2025. Subsequently, the applicant refused to marry her, thereafter the FIR was registered and the applicant was arrested on 11.06.2026. 3. Learned counsel for the applicant submits that the applicant has falsely been implicated. He contends that the prosecutrix is a major lady and the relationship was consensual in nature; thus, a subsequent breach of promise to marry does not attract Section 69 of the BNS. He further submits that the charge-sheet has already been filed, the applicant is in custody since 11.06.2026, and he has only one criminal antecedent. He would also submit that as the trial will take time, the applicant may be enlarged on regular bail. 4. On the other hand, learned State counsel would oppose the bail application and submit that the applicant made physical relations with the victim on the false promise of marriage and subsequently retracted from it. He would further submit that the applicant has one criminal antecedent u/s.115(2), 296, 3(5), 351 (2) of BNS; thus, the applicant may not be granted regular bail. 5. Heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the totality of the facts and circumstances of the case, particularly the prosecutrix is a major woman; the physical relationship between the parties allegedly continued over a period of 4 years; the investigation has already been completed and the charge-sheet has been filed; the applicant has been languishing in custody since 11.06.2026; and the criminal antecedent of the applicant is not of a similar nature, this Court is inclined to release the applicant on regular bail. Accordingly, the bail application filed under Section 483 of the BNSS 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 following conditions :- (i) he shall not directly or indirectly make any inducement, 3 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, (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (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. The observation made hereinabove is for the purpose of deciding this bail application only, the trial Court shall decide the case on its own merits. Sd/- Rakesh Mohan Pandey JUDGE Nadim