1 2026:CGHC:2192 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 464 of 2026 Hiraram Diwan S/o Digambar Aged About 22 Years R/o Village Dokar Pali, P.S. Tendukona, District : Mahasamund, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station Tendukona, District : Mahasamund, Chhattisgarh ... Respondent For Applicant : Mr. Shubhank Tiwari, Advocate. For Non-applicant/State : Mr. Bharat Gulabani, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 14.01.2026 1. This is the First bail application 2led 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. 104/2025 registered at Police Station : Tendukona, District Mahasamund (C.G.) for the o9ence punishable under Section 69 of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution case, after separation and after obtaining a societal divorce from her husband, the victim was residing in Village Bandumuda, where she met the applicant. They both fell in love with each other, and the applicant established a sexual relationship with her ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.01.16 12:14:00 +0530 2 on the pretext of marriage and later refused to marry her. Hence, the FIR was lodged. (Since the o9ence relates to a woman, a copy of the FIR is not being 2led along with the bail petition.) 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that as per the prosecution case itself, the applicant and the victim were in love with each other. The victim is 21 years old, was previously married, and has children. After separating from her husband and child, she began residing with her parents, where she met the applicant. The conduct of the victim is doubtful and raises suspicion. She appears to be a consenting party. He further submits that the present applicant has been in jail since 24.09.2025 and the conclusion of the trial may take some more time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case. He further submits that the present applicant/accused on the pretext marriage committed sexually intercourse 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 & circumstances of the case and from perusal of the statement of the victim recorded under Section 183 of the BNSS, it appears that the victim who is aged about 21 years and the present applicant were in a consensual relationship and they established sexual relationship, thereafter, their relationship could not be materialize, 3 consequently, the present FIR has been lodged by the victim on the ground that the present applicant refused to marry her. Also considering the fact that the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 24.09.2025 and 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, Hiraram Diwan, involved in Crime No. 104/2025 registered at Police Station : Tendukona, District Mahasamund (C.G.) for the o9ence punishable under Section 69 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 2le an undertaking to the e9ect that he shall not seek any adjournment on the dates 2xed 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 2xed, either personally or through his counsel. In case of his absence, without suAcient 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 2xed in such 4 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 2xed 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 suAcient 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. OAce is directed to send a certi2ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek