1 2026:CGHC:20182 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3633 of 2026 Amarnath Yadav S/o Dashrath Yadav Aged About 28 Years R/o Village- Minwakhad Police Station Sanawal, District- Balrampur - Ramanujaganj (C.G.) (Note - Father's Sir Name Wrongly Mention In Cause Titile of The Impugned Order Annexure A/1) ... Applicant versus State of Chhattisgarh Through Police Station - Sanawal District- Balrampur- Ramanujaganj (C.G.) ... Non-applicant For Applicant : Ms. Kusum Lalchandani, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 30.04.2026 1. This is the First bail application filed 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. 04/2026 registered at Police Station Sanawal, District Balrampur - Ramanujganj, (C.G.) for the offence punishable under Sections 64(2)(m) and 351(2) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the brief prosecution story, 23.01.2026, the victim lodged a written report at Police Station Sanawal, District Balrampur-Ramanujganj (C.G.), alleging that the applicant had repeatedly committed forcible sexual ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.05.01 18:56:40 +0530 2 intercourse with her. Thereafter, Police Station Sanawal registered a case as Crime No. 04/2026 for the offences punishable under Sections 64(2)(m) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 against the present applicant. The applicant was arrested on 24.01.2026, and the charge sheet has been filed before the trial Court. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. She further submits that the victim is a 26-year-old married woman who was in a love relationship with the applicant and was a consenting party. It is also submitted that the applicant has been in judicial custody since 24.01.2026, and as the conclusion of the trial is likely to take some time, she prays for grant of regular bail to the present applicant. 4. On the other hand, learned counsel State counsel opposes the bail application of the present applicant and submits that the present applicant on the pretext of marriage established physical relationship 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 and circumstances of the case, the nature and gravity of the offence, and upon perusal of the statement of the victim recorded under Section 183 of the BNSS, it appears that the victim is a married woman aged about 26 years, who was in a love relationship with the applicant and was a consenting party. However, after some time, when their relationship could not materialize, she lodged the aforesaid case against the present applicant. Further, considering the fact that the charge-sheet has already been filed before the competent Court and that 3 the applicant has been in custody since 24.01.2026, and as the trial is likely to take some time for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Amarnath Yadav, involved in Crime No. 04/2026 registered at Police Station Sanawal, District Balrampur - Ramanujganj, (C.G.) for the offence punishable under Sections 64(2)(m) and 351(2) 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 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 concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek