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Judgment
Hon'ble Shri Justice Rakesh Mohan Pandey
Order on Board
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. 347/2026 registered at Police Station Champa, District Janjgir-Champa (C.G.), for the offence punishable under Section 69 of BNS.
As per the prosecution case, the victim, aged about 39 years, lodged an FIR on 30.06.2026 at concerned police station making allegation that present applicant sexually assaulted her on pretext of marriage from 12.04.2026 to 26.06.2026 and subsequently refused to marry her. On the basis of such complaint, police registered offence as stated above.
Learned counsel for the applicant would submit that both the applicant as well as victim are married. He would contend that charge-sheet has already been filed, applicant is in jail since 17.07.2026, there was consensual relationship between the parties, the victim is a mature lady having knowledge of such relationship and the applicant has no criminal antecedent, therefore, this application may be allowed.
On the other hand, learned counsel for the State would oppose the bail application. Ms. Laxmin Kashyap, Panel Lawyer would submit that present applicant sexually exploited the victim on pretext of marriage and there are serious allegations against him, therefore, this application deserves to be rejected.
I have heard learned counsel appearing for the parties and perused the case diary.
Having considered the facts and circumstances of the case, nature and gravity of allegations levelled against the present applicant, fact that both the applicant and victim are married persons of middle age, there was consensual relationship between them from 12.04.2026 to 26.06.2026, charge-sheet has already been filed, applicant is in jail since 17.07.2026, and he has no criminal antecedents, I am inclined to allow this application.
Accordingly, the regular bail application is allowed and it is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/-with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:-
he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court;
he shall not act in any manner which will be prejudicial to fair and expeditious trial, &
he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.