1 2026:CGHC:128 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9325 of 2025 Hitesh Sahu S/o Agatram Sahu Aged About 27 Years R/o Village Parsada Bade Police Station Kosir, Tehsil Sarangarh District- Sarangarh - Bilaigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Kedar, District- Sarangarh - Bilaigarh (C.G.) ... Respondent For Applicant : Shri Vikram Pratap, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/01/2026 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.72/2025 registered at Police Station Kedar, District- Sarangarh - Bilaigarh (C.G.) for the offence punishable under Section 69 of BNS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.03 12:17:27 +0530 2 2. Case of the prosecution, in brief, is that on 09.02.2025 at about 10:00 p.m. the applicant visited the house of the complainant who is aged about 28 year old woman, and established physical relations with her under the false assurance of marriage. Further, from 09.02.2025 to 01.06.2025, the applicant allegedly maintained repeated physical relations with the complainant with false pretext of marriage. She lodged complaint before police station Kedar District Sarangarh- Bilaigarh (C.G.), therefore the police station Kedar police has registered the crime against the applicant. 3. Learned counsel for the applicant submits that the allegation against the applicant is that he established physical relationship with the victim who is a major girl and divorcee on the pretext of marriage and when she became pregnant, the applicant had administered her medicine for abortion and also refused to marry, the FIR was lodged after 8 months. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 30/10/2025 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, perused the statement of the victim under Section 183 BNSS, considering the fact that the victim is a major girl and divorcee, they developed consensual relationship, when the applicant refused to 3 marry the victim, the FIR was lodged, charge sheet has been filed, applicant is in jail since 30/10/2025 and also considering the fact that trial is likely to take some time for its conclusion, 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- Hitesh Sahu, involved in Crime No.72/2025 registered at Police Station Kedar, District- Sarangarh - Bilaigarh (C.G.) for the offence punishable under Section 69 of BNS, 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 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. 4 (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