Nafr High Court · 2025
Case Details
1 2025:CGHC:33423 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5543 of 2025 Tukesh Kumar Sahu S/o Vishnu Ram Sahu Aged About 27 Years R/o Bhendra Police Station Panduka, District Gariaband C.G. ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station- Saraipali, District – Mahasamund, C.G. ... Non-applicant For Applicant
Legal Reasoning
: Mr. Shikhar Agnihotri, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI Hon'ble Shri Ramesh Sinha , Chief Justice 16.07.2025 Order on Board 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. 111/2025, registered at Police Station Fingeshwar, District – Gariyaband (C.G.) for the offence punishable under Section 64(2)(m), 88, 296 and 87 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The prosecution story, in brief, is that on 05.05.2025 the complainant came to the Police Station and filed a report by submitting a written report that in the year 2021, during the Covid epidemic, the duty of seven 2 people studying together from the college was assigned to the Community Health Center, Fingeshwar, the applicant and the victim were also there, during the duty of Covid, the applicant and the victim were on duty together and they both fell in love, the applicant and the victim, kept having physical relations several times, after the covid duty was over, both of them went to their respective homes. The victim used to talk to the applicant through mobile and both of them used to meet occasionally, and had physical relationship between them, in the year 2022, the victim become pregnant twice due to physical relations with the applicant, for which, the applicant made her abort by feeding indigenous medicines. In the year 2023 also, when both of them met, they continued to have physical relations. In the year 2024, the applicant and the victim took admission in nursing college Bharengabhata for post B.Sc. Nursing sutdies and both used to go to the college together. During this also the applicant used to say that he would marry her. In January 2025, the victim and the applicant went to Vishakhapatnam for a trip during which the victim and the applicant had physical relations between them. The victim repeatedly asked the applicant to marry her, and then she told her family members about the entire incident. When the victim’s family members also asked to the applicant and his family, even then the applicant refused to marry her. On 23 February 2025, the victim became pregnant due to physical relation, and on the insistence, the victim took medicine which caused her abortion. When she went to the house of the applicant on 18th of April, 2025 to talk about marriage, but the applicant abused her and drove her out of his house. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is 3 submitted that the victim is a major girl and there was some affair made between the applicant and the victim, and thereafter, a consensual sexual relationship was established between both of them, but the relationship could not be materialized, hence, she filed the FIR and she is the consenting party. It is also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 05.05.2025 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 been filed in the present case. It is further submitted that the applicant has committed sexual intercourse many times with the victim on the pretext of marriage, and thereafter, and he refused to marry her. Therefore, the applicant is not entitled for grant of 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, nature and gravity of allegation leveled against the applicant and period of detention in jail, further the fact that the victim is a major girl and there was some affair made between the applicant and the victim, and thereafter, a consensual sexual relationship was established between both of them, but the relationship could not be materialized, hence, she filed the FIR and she is the consenting party, also the fact that the charge-sheet has been filed in the present case, the applicant is in jail since 05.05.2025 and the conclusion of the trial is likely to take quite long time, hence, this Court is 4 of the view that the applicant is entitled to be released on bail in this case. 7. Let applicant - Tukesh Kumar Sahu involved in Crime No. 111/2025, registered at Police Station Fingeshwar, District – Gariyaband (C.G.) for the offence punishable under Section 64(2)(m), 88, 296 and 87 of the 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 sufÏcient 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 sufÏcient cause, then it shall be open for the 5 trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Rajshekhar Sd/- (Ramesh Sinha) Chief Justice