Extracted from the PDF above. The PDF is authoritative.
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CGHC010358672026
2026:CGHC:42580
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8672 of 2026 1 - Yash Kumar Gandharva S/o Ashok Kumar Gandharva Aged About 24 Years Resident Of Telin Bandha, P.S. Bagnadi District Rajnandgaon Chhattisgarh
... Applicant versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station Dongargarh, District Rajnandgaon (C.G.)
... Non-applicant For Applicant : Mr. Pushpendra Kumar Patel, Advocate For Non-applicant /State : Ms. Ankita Shukla, P.L.
Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 30/09/2026
1. The applicant has preferred this First Bail Application under Section 483 of the BNSS, 2023 for grant of regular bail, as he has been
2 arrested in connection with Crime No. 353/2026, registered at Police Station Dongargarh, District – Rajnandgaon (C.G.) for offence punishable under Section 69 of BNS. 2. As per the case of the prosecution, a complaint was lodged by the victim that alleging that the applicant has committed sexual intercourse with the victim on several occasions from 05/05/2022 till 16/06/2026 on the pretext of marriage. 3. Mr. Pushpendra Kumar Patel, learned counsel for the applicant, would argue that on the date of the incident, the age of the victim was more than 18 years and there was a love affair between the applicant and the victim and the relationship between them was consensual in nature. He would further contend that victim has given her consent for grant of bail to the applicant. He would further submit that the investigation has been completed and charge-sheet has already been filed and the applicant is in jail since 23/06/2026, thus, the appellant be released on bail as conclusion of trial is likely to take some time. 4. On the other hand, Ms. Ankita Shukla, learned counsel appearing for the non-applicant/State, would oppose the bail application and submit that serious allegations have been levelled against the applicant with regard to sexual assault of the victim as the applicant maintained sexual relations with the victim on the pretext of marriage and subsequently, refused to marry the victim and married someone else, therefore, he is not liable to be released on bail. 3
5. I have heard learned counsel appearing for the parties and perused the case diary as well as the material available on record. 6.
Taking into consideration the facts and circumstances of the case, particularly that there appears to be a love affair between the applicant and the victim and on the date of the incident, the age of the victim was more than 18 years and further considering that their relationship continued from 05/05/2022 till 16/06/2026 and when the applicant refused to marry, FIR was lodged by the victim; lastly considering that investigation is complete and charge-sheet has already been submitted; the applicant is in custody since 23/06/2026, this Court, without expressing any opinion on the merits of the case, is of the considered view that a fit case for grant of regular bail is made out. Accordingly, the bail application filed by the applicant 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, 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
4 given to him by the said Court till disposal of the trial. 8. The observation made herein-above 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 Harneet