1 2026:CGHC:4783 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 315 of 2026 Ritesh Markam S/o Baldev Markam Aged About 21 Years R/o Village Bariyon (Charpara) P.S. Rajpur District Balrampur Ramanujganj (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, P.S. Rajpur, District Balrampur Ramanujganj (C.G.) ... Respondent For Applicant : Shri Nishikant Sinha, Advocate. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.47/2025 registered at Police Station Rajpur, District Balrampur Ramanujganj (C.G.) for the offence punishable under Sections 64 (2) GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.29 16:56:11 +0530 2 (M) & 69 of B.N.S. 2. Case of the prosecution, in brief, is that victim has lodged written report that the she was in relation with applicant in between 08.03.2023 to 06.02.2025 and the applicant has allured the prosecutrix on pretext of marriage committed sexual intercourse on several occasions, lastly on 06.02.2025 due to which she became pregnant of 6 months and thereafter the applicant denied to marry her, hence the report was lodged on 23.06.2025. Hence this offence. 3. It has been argued by learned counsel for the applicant that the applicant and the victim were know to each other for last three years and in the year 2023 the applicant established physical relationship on the pretext of marriage and the victim became pregnant in 2025. It is submitted that when the relationship could not materialize present FIR has been lodged by the victim aged about 21 years. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 24/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, further the fact that applicant and the victim were know to each other for last three years and in the year 2023, the applicant established physical relationship on 3 the pretext of marriage and the victim became pregnant in 2025 and when the relationship could not materialize, present FIR has been lodged by the victim who is a major girl aged about 21 years, period of detention of the applicant since 24/06/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Ritesh Markam, involved in Crime No.47/2025 registered at Police Station Rajpur, District Balrampur Ramanujganj (C.G.) for the offence punishable under Sections 64 (2) (M) & 69 of B.N.S., be released on bail on his furnishing a 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 his counsel. In case of his absence, without sufficient 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 4 84 of BNSS. is issued and the applicant fails 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. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri