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2026 DAILYLAW 377 (CHH)

AKASH CHANDRAKAR @ MINTU v. STATE OF CHHATTISGARH

MCRC/1390/2026 · 2026-02-08

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Judgment text

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1 2026:CGHC:7039 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1390 of 2026 • Akash Chandrakar @ Mintu S/o Shri Jalharan Chandrakar Aged About 25 Years R/o Village Lagra, P.S. Fasterpur, District Mungeli Chhattisgarh At Present Shikshak Nagar, Ambedkar Nagar Ward Mungeli, P.S. Mungeli, District Mungeli, Chhattisgarh. ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Civil Line Bilaspur, District Bilaspur, Chhattisgarh. ... Respondent (Cause title taken from Case Information System) For Applicant : Mr. Vikas Kumar Pandey Advocate. For State/Non-applicant : Ms. Samiksha Gupta, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.02.2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.1424/2025 registered at Police Station Civil Line Bilaspur, District Bilaspur (C.G.), for the offence punishable under Section 69 of the DEEPTI JHA Digitally signed by DEEPTI JHA 2 Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, in brief, a written complaint was lodged by the complainant alleging that the applicant has committed sexual intercourse with the victim on pretext of marriage. Thereafter, the applicant refused to marry with the victim, based upon which such complaint has been registered against the present applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent person and he has been falsely implicated in the aforesaid case. He submits that the victim is already a married woman and she was living separately from her husband since 3 to 4 years back. She is also having child from the first husband and she came in contact with the present applicant in 2025, wherein they developed relationship which could not materialized, hence the applicant was implicated. Further, he submits that FIR has been lodged after one and half month after the incident. It is further submitted that applicant is in jail since 06.01.2026, therefore, the applicant is entitled to be released on regular bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, particularly, the fact victim is a young lady and also was a consenting party, charge-sheet has already been filed and the applicant is in jail 3 since 06.01.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Akash Chandrakar @ Mintu, involved in Crime No.1424/2025 registered at Police Station Civil Line Bilaspur, District Bilaspur (C.G.), for the offence punishable under Section 69 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail 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. 4 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 Deepti Jha