1 2026:CGHC:17186 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3262 of 2026 Indrajit Sunani S/o Gobinanda Sunani Aged About 32 Years R/o Palas Chowk, Junagarh, Odisha ... Applicant(s) versus State Of Chhattisgarh Through The Police Station Bodhghat District Bastar Chhattisgarh ... Non-applicant(s) For Applicant : Mr. Karan Kumar, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 579/2025, registered at Police Station Bodhghat, District : Bastar (C.G.) for the offence punishable under Sections 296, 351(2), 69 of B.N.S. 2. As per the prosecution case, the victim, a widowed lady, lodged an FIR on 08.12.2025 against the present applicant alleging that he KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 committed forcible sexual intercourse with her on several occasions between 18.06.2025 and 01.09.2025 on the false pretext of marriage and also took a sum of Rs. 6,00,000/- from her for the treatment of his father, who was suffering from cancer. Based upon such, the police have arrested the applicant and filed the charge- sheet before the competent Court for the aforesaid offences. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated by the concerned Police Station and has not committed any offence as alleged by the prosecution. It is further submitted that the victim is a major and a widowed lady and was a consenting party who was fully aware of the consequences of her actions and therefore the alleged offences are not made out against the applicant. He further submits that the victim, who has two children, came into contact with the applicant and established a physical relationship despite knowing fully well that the applicant is already a married person and when the relationship could not be materialized, she lodged the FIR against the applicant. It is also submitted that the FIR has been lodged with an ulterior motive to extract an amount of Rs. 6,00,000/- from the applicant’s wife and upon refusal, a false and fabricated story has been set up as an afterthought. It is further submitted that the medical report does not support the prosecution case and that the FIR has been lodged after an inordinate delay without any sufficient explanation. He further submits that the charge-sheet has been filed in this case and the applicant is in jail since 20.12.2025 and so far as the criminal antecedent of the applicant is concerned, the applicant has one 3 criminal antecedent on which he is on bail as the same has been explained in the bail application of para No.4(A) and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has already been filed in the present case. It is further submitted that as per the statement of the victim, who is a widowed lady and mother of two daughters, it transpires that after coming into contact with the applicant in the year 2024, the applicant, taking advantage of her vulnerable condition, called her to the bus stand at Jagdalpur on 18.06.2025 and established physical relations with her on the false pretext of marriage. Thereafter, on two occasions, the applicant took the victim to Prince Hotel, where he again established physical relations with her. It is further submitted that when the victim insisted upon marriage, the applicant started avoiding her, abused her in filthy language and also extended threats to her life. It is also alleged that the applicant took an amount of Rs. 6,00,000/- from the victim on the pretext of treatment of his father suffering from cancer. Therefore, the applicant is not entitled to be released on regular bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, statement of the victim recorded under Section 183 of the BNSS and the nature and gravity of the allegations levelled against the applicant and 4 further taking into consideration the submission that the victim is a major and a widowed lady having two children and that she was in a consensual relationship with the applicant despite being aware that the applicant is already a married person and that when the relationship could not be materialized, the present FIR appears to have been lodged further considering the submission that the FIR was lodged after delay and the medical report does not fully support the prosecution case and also considering that the charge-sheet has already been filed before the competent Court, the applicant is in judicial custody since 20.12.2025, and the conclusion of the trial is likely to take a considerable time, therefore, without commenting on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail. 7. Accordingly, the bail application of the applicant is allowed. 8. Let applicant – Indrajit Sunani, involved in Crime No. 579/2025, registered at Police Station Bodhghat, District : Bastar (C.G.) for the offence punishable under Sections 296, 351(2), 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 5 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 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. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal