Chattisgarh High Court
Indal Say Kindo vs State Of Chhattisgarh on 13 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
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2026:CGHC:16895
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 3327 of 2026
Indal Say Kindo S/o Rameshwar Kindo Aged About 24 Years R/o Chalta
Harratikra, Police Station Sitapur District Sarguja Chhattisgarh
... Applicant
versus
State Of Chhattisgarh Through SHO Sitapur, District - Sarguja, Chhattisgarh.
... Non-applicant
For Applicant : Mr. Awadh Tripathi, Advocate.
For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
13.04.2026
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. 425/2025, Digitally RAJSHEKHAR signed by SONI RAJSHEKHAR SONI registered at Police Station Sitapur, District - Sarguja (C.G.) for the offence punishable under Section 64(1), 351(2) and 115(2) of the BNS.
2. The prosecution story, in brief, is that on 29.10.2925, the Indal Sai Kindo met the victim near her house, who took the complaint on his motorcycle to Sitapur, Devgarh, Patla and at around 10.00 pm, her stopped the motorcycle near Ara Darrapara culvert and asked the victim to have physical relations, when the complainant refused, he threatened to kill her, bear her and forcibly had physical relations with her. Hence, this application.
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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 submitted that as per the statement of the victim, the victim is a major girl aged about 26 years and there was some affair between the applicant and the victim since 2024, and thereafter, a consensual sexual relationship was established between both of them, but after the family members knew about their relation, the present FIR was lodged. It is also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 31.10.2025 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 with the victim on the pretext of marriage, and thereafter, 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 as per the statement of the victim, the victim is a major girl aged about 26 years and there was some affair between the applicant and the victim since 2024, and thereafter, a consensual sexual relationship was established between both of 3 them, but after the family members knew about their relation, the present FIR was lodged, also the fact that the charge-sheet has been filed in the present case, the applicant is in jail since 31.10.2025 and the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant is entitled to be released on bail in this case.
7. Let applicant - Indal Say Kindo involved in Crime No. 425/2025, registered at Police Station Sitapur, District - Sarguja (C.G.) for the offence punishable under Section 64(1), 351(2) and 115(2) 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 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, 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 4 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 forthwith.
Sd/-
(Ramesh Sinha) Chief Justice Rajshekhar