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2026 DAILYLAW 4646 (CHH)

HITESH RATHORE @ BABLU v. STATE OF CHHATTISGARH

MCRC/3187/2026 · 2026-04-08

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Judgment text

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1 2026:CGHC:16382 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3187 of 2026 Hitesh Rathore @ Bablu S/o Sanjay Rathore, Aged About 28 Years R/o Village Siwni, District- Janjgir- Champa (C.G.) ... Applicant versus State of Chhattisgarh Through Police Chowki CSEB, Through Police Station Civil Line Rampur, Korba , District- Korba (C.G.) ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, 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 :led 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. 122/2026 registered at Police Station Civil Line, Rampur, District Korba, (C.G.) for the o<ence punishable under Sections 296, 351(3), 69 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution case in brief is that the victim has lodged written report before P.S. Civil Line Rampur Korba, District Korba (C.G.) on 11.02.2026 against the applicant stating that the applicant has committed sexual intercourse with her on pretext of marriage from ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.04.10 11:17:05 +0530 2 21.04.2021 to 31.12.2025. Thereafter the police station Civil Line Rampur Korba District Korba has registered Crime No.122/2026 against the applicant. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He submits that the victim is a major girl, who had a love relationship with the applicant and was a consenting party. He further submits that the applicant is in jail since 18.02.2026, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned counsel State counsel opposes the bail application of the present applicant and submits that the present applicant on the pretext of marriage established physical relationship with the victim and thereafter denied, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of o<ence and from perusal of the statement of the victim recorded under Section 183 of the BNSS, it appears that the victim is a major girl, who had a love relationship with the applicant and was a consenting party, but after some time their relationship could not be materialized, then she :led aforesaid case against the present applicant, also considering the fact that the charge-sheet has been submitted before the competent Court in the present case and the applicant has been in jail since 18.02.2026, 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. Let applicant, Hitesh Rathore @ Bablu, involved in Crime No. 3 122/2026 registered at Police Station Civil Line, Rampur, District Korba, (C.G.) for the o<ence punishable under Sections 296, 351(3), 69 and 3(5) of the Bhartiya 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 :le an undertaking to the e<ect that he shall not seek any adjournment on the dates :xed 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 :xed, either personally or through his counsel. In case of his absence, without suCcient 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 :xed 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 :xed 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 4 suCcient 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. OCce is directed to send a certi:ed copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek