Facts
The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 353/2026, registered at Police Station Dongargarh for an offence under Section 69 of the Bharatiya Nyaya Sanhita, 2023.
Source reference: para. 1The prosecution alleged that, between 5 May 2022 and 16 June 2026, the applicant had sexual intercourse with the victim on several occasions on the pretext of marriage; after he refused to marry her and married someone else, she lodged a complaint.
Source reference: paras. 2, 4The applicant argued that the victim was an adult, their relationship was consensual, the victim supported bail, the investigation was complete, and the charge-sheet had been filed. He had been in custody since 23 June 2026.
Source reference: para. 3Issues
Whether the applicant should be granted regular bail under Section 483 of the BNSS in light of the allegations and circumstances of the case.
Source reference: paras. 1, 5–6Whether the applicant’s custody, completion of investigation, and filing of the charge-sheet supported release on bail pending trial.
Source reference: paras. 3, 6Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers the High Court to grant regular bail.
Source reference: para. 1The alleged offence was under Section 69 of the Bharatiya Nyaya Sanhita, 2023.
Source reference: para. 1The Court considered the circumstances relevant to bail, including the apparent nature of the relationship, the victim’s age, the stage of investigation, the applicant’s period in custody, and the likely time required for trial.
Source reference: para. 6Reasoning
The Court noted that the victim was over 18 on the date of the incident and that the relationship appeared to have continued for several years, with the complaint made after the applicant refused to marry her.
Source reference: para. 6It also considered that the investigation was complete, the charge-sheet had been filed, and the applicant had been in custody since 23 June 2026. Weighing these circumstances, the Court found the case suitable for bail, without expressing any opinion on the merits.
Source reference: para. 6Holding
The Court allowed the bail application and directed the applicant’s release upon furnishing a personal bond of ₹50,000 with one surety in the like amount, subject to conditions against influencing persons acquainted with the case, prejudicing a fair and expeditious trial, and failure to attend each trial-court hearing.
The trial court was directed to decide the case on its own merits.
Source reference: para. 8Acts & Sections Cited
2 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20231
Bharatiya Nyaya Sanhita, 20231
Original Court PDF
YASH KUMAR GANDHARVAvsSTATE OF CHHATTISGARH
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