Facts
The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 167/2026, registered for an offence under Section 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023.
Source reference: p. 1The prosecution alleged that the applicant forcibly had sexual intercourse with the prosecutrix from 1 May 2026 and on subsequent occasions, and took her to Ambikapur and Delhi, where they stayed together for approximately 15 days and one month, respectively.
Source reference: pp. 1–2The applicant asserted that they were related and had been in a consensual relationship; both were married.
Source reference: p. 2The charge-sheet had been filed, and he had been in custody since 25 August 2026.
Source reference: p. 2The State opposed bail, relying on the prosecutrix’s statement recorded under Section 183 BNSS.
Source reference: p. 2Issues
Whether the applicant should be granted regular bail under Section 483 BNSS, having regard to the allegations and the circumstances of the case.
Source reference: pp. 2–3If bail is granted, whether it should be subject to conditions securing the applicant’s attendance and the progress of trial.
Source reference: pp. 3–4Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers the High Court to grant bail.
Source reference: p. 1In exercising that power, the Court considered the circumstances of the case, including the nature of the relationship alleged, the parties’ circumstances, completion of the investigation and filing of the charge-sheet, the period of custody, and the anticipated duration of trial.
Source reference: p. 3The Court imposed attendance and trial-participation conditions, including conditions concerning adjournments and appearance on specified dates.
Source reference: pp. 3–4No precedent was cited.
Source reference: no citationReasoning
The Court considered that the applicant and prosecutrix were both married, had allegedly stayed together in Ambikapur and Delhi for an extended period, and were said to have been in a relationship for a considerable time; it also treated the prosecutrix as a mature woman aged about 28 at the time of the incident.
Source reference: p. 3In addition, the charge-sheet had been filed, the applicant had been in custody since 25 August 2026, and trial completion was likely to take time.
Source reference: p. 3On balance, the Court found these circumstances sufficient to grant bail, notwithstanding the State’s reliance on the serious allegations in the prosecutrix’s statement.
Source reference: pp. 2–3Holding
The Court allowed the bail application.
It directed that the applicant be released upon furnishing a personal bond of ₹50,000 with one surety for the like amount, subject to conditions requiring him not to seek adjournments when witnesses are present, to attend court as directed, and to appear personally on specified trial dates.
Source reference: pp. 3–4The order also provided for consequences under the stated statutory provisions in the event of non-compliance or misuse of bail.
Source reference: pp. 3–4Acts & Sections Cited
7 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20234
Bharatiya Nyaya Sanhita, 20233
Original Court PDF
SANTOSH SAHUvsSTATE OF CHHATTISGARH
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