SURESH AGARIYA vs STATE OF CHHATTISGARH

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GOURI
MUDALIAR

Digitally signed by
GOURI MUDALIAR
Date: 2026.09.08
14:22:46 +0530
CGHC010264452026 2026:CGHC:39245
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 6223 of 2026
Suresh Agariya S/o Shri Ramroop Agariya Aged About 19 Years R/o
Village Basantpur Jharapara, Police Station Kusmi, District Balrampur -
Ramanujganj C.G.
...Applicant
versus
State Of Chhattisgarh Through Station House Office, Police Station
Basantpur District Balrampur Ramanujganj C.G.
... Respondent
For applicant : Shri Divyansh Shukla, Advocate appears on
behalf of Shri Arun Kumar Shukla, Advocate.
For
: Shri Anant Bajpai, PL.
Respondent/State

SB: Hon'ble Shri Parth Prateem Sahu, Judge
Order on Board
07/09/2026
1. This is the first bail application filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the
applicant who has been arrested in connection with Crime No.

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195/2025 registered at Police Station Basantpur, District Balrampur-
Ramanujganj (C.G.) for the offence punishable under Sections
137(2), 87, 64(2)(m) of BNS & Sec. 5(L) / 6 of Protection of Child from
Sexual Offences Act.
2. Case of the prosecution, in brief, is that the victim and the applicant
were acquainted with each other prior to the alleged incident and used
to talk on the phone. It is alleged that on 21.10.2025 at about 8:00 PM,
the applicant called the victim outside her house, took her on his
motorcycle to his house and committed sexual intercourse with her
against her will. On the basis of the report lodged by the victim the
aforesaid crime was registered against the applicant. The applicant
was arrested on 24.10.2025. On the basis of these allegations, the
present FIR has been registered on 22/10/2025. Hence this bail
application.
3. Learned counsel for the applicant submitted that the applicant has
been falsely implicated in this crime, he has not committed any offence.
He submits that the victim is a major girl and if the alleged relationship
is taken to be on its face value, victim being a major girl was
consenting party. He would submit that the applicant is aged about 19
years and there is no other criminal antecedents against the applicant,
he is in jail since 24/10/2025 and conclusion of trial may take some
time, therefore, he prays for grant of bail to the applicant.
4. On the other hand, learned State counsel would oppose the
submission of learned counsel for the applicant and he would submit
that the victim has made specific allegation that the applicant had
committed sexual intercourse since last two years from the date of the

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lodging of the report.
5. I have heard learned counsel for the parties and perused the materials
available on record.
6. Taking into consideration the facts and circumstances of the case,
submission of learned counsel for the parties, materials available on
record, nature of allegation, the age of the victim on the date of lodging
of the FIR was about 18 years, considering the pretrial detention of the
applicant, further considering the tender age of the applicant of 19
years and also considering the fact that trial is likely to take some time
for its conclusion, without commenting anything on the merits of the
case, I am inclined to allow this bail application.
7. Accordingly, the bail application is allowed. It is directed that the
applicant shall be released on regular bail, upon furnishing a bail bond
in the sum of Rs.25,000/- with one surety in the like sum to the
satisfaction of the Court on the conditions that-
(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,

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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. Office is directed to send a certified copy of this order to the trial Court
concerned for necessary information and compliance.
Sd/-
(Parth Prateem Sahu)
Judge

gouri