1 2026:CGHC:19144 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2293 of 2026 • Harishankar Sahu S/o Kartikram Sahu Aged About 25 Years R/o Village- Bardwar, Police Station- Kota, District- Bilaspur, Chhattisgarh. ... Applicant(s) versus • State of Chhattisgarh Through Police Station - Kota, District- Bilaspur, Chhattisgarh. ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Samrath Singh Marhas, Advocate For Respondent(s) : Ms. Anusha Naik, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 1022/2025, registered at Police Station – Kota, District – Bilaspur (C.G.) for the offence punishable under Sections 74, 296 and 351(2) of BNS, 2023. 2. The case of the prosecution, is that, on 15.10.2025, the present applicant stopped the complainant was stopped between the villages of Tanda and Bardwar, verbally abused, and with malicious intent VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.25 18:52:55 +0530 2 had her hand grabbed; the accused then stated, "Why do you not speak to me? If you do not speak to me, I will kill you." The complainant informed her parents about this incident, following which they counseled the applicant. Subsequently, on October 24, 2025, the applicant's father, mother, brother, and sister arrived in front of the complainant's house and engaged in abusive behavior there. On such information, the police of Police Station Kota have registered a First Information Report against the present applicant under Sections 74, 296 and 351(2) of Bhartiya Nyaya Sanhita. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. He further submits that victim is a major girl aged about 19 years and applicant and victim are residents of same village and they had a love affair long time ago. The complainant intended to marry the present applicant but the present applicant had refused for the same. It is also contended that applicant is having one previous criminal antecedent under the NDPS Act. He also submits that applicant had also borrowed a sum of money from the complainant which he had not returned, therefore the complainant as revenge made a false complaint against the applicant. He also submits that applicant is in jail since 19.02.2026 and trial is likely to take some time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is one criminal antecedent for offence under Sections 20(b) of NDPS, and as per the statement of the victim recorded under Section 183 of BNS, wherein she stated that the complainant was stopped between the villages of Tanda and Bardwar, verbally abused, and with malicious intent had her hand 3 grabbed; the accused then stated, "Why do you not speak to me? If you do not speak to me, I will kill you." The complainant informed her parents about this incident, following which they counseled the applicant. Subsequently, on October 24, 2025, the applicant's father, mother, brother, and sister arrived in front of the complainant's house and engaged in abusive behavior there, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and submissions made by learned counsel for the parties and the fact that victim is a major girl aged about 19 years and applicant and victim are residents of same village and they had a love affair long time ago, charge-sheet has been filed against the applicant and he is in jail since 19.02.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Harishankar Sahu, involved in Crime No.1022/2025, registered at Police Station – Kota, District – Bilaspur (C.G.) for the offence punishable under Sections 74, 296 and 351(2) of BNS, 2023, 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 4 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 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. However, this Court hopes and trust that the trial Court shall make an earnest endeavour to conclude the trial in accordance with law as expeditiously as possible preferably within a period of six months from today, if there is no legal impediment. 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 vaishali