1 2025:CGHC:19125 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1944 of 2025 Manish Guldasani S/o Shri Late Ashok Guldasani Aged About 28 Years R/o Village- Rajaram Colony, Ahead Of Arihant Vihar, Vidisha, P.S. Civil Lines, Vidisha M.P. ... Applicant versus State of Chhattisgarh Through Police Station Saraswati Nagar, Distt. Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-Applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. For Complainant : Mr. Sachin Nidhi, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.04.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 201/2021 registered at Police Station – Saraswati Nagar, Distt. Raipur (C.G.), for the offence punishable under Sections 363(2)(k) (n), 377, 506 Part II of Indian Penal Code. (As per charge-sheet). 2. Case of the prosecution, in brief, is that the victim made a complaint before the Police of Police Station – Saraswati Nagar, District – PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.04.29 18:48:19 +0530 2 Raipur alleging therein that the applicant and committed sexual intercourse with her on the pretext of marriage. Hence, the applicant has been arrested for the alleged offence. Thereafter, the applicant was granted bail by the learned trial Court vide order dated 17.01.2022 passed in MCRC No. after which the applicant could not appear before the trial Court and therefore, an arrest warrant was issued on 23.09.2023 which was executed and the applicant was arrested on 13.02.2025. Hence, this application. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He further submits that the applicant was granted bail by the learned trial Court in the present case and out of 12 prosecution witnesses, statement of 07 has been recorded including the victim. On account of non-communication between the applicant and his lawyer, the applicant could not appear before the trial Court and the arrest warrant was issued on 23.09.2023 against him, which was executed and the applicant was arrested on 13.02.2025. He would further submit that the applicant is in jail since 13.02.2025 and conclusion of the trial will take some time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel for the Objector has objected the trial and stated that because of the non-appearance of the applicant as well as his counsel, the trial could not be concluded till date and as the applicant has absconded and did not appear before the trial Court right from the year 2023 when the non-bailable warrant was issued and he was arrested on 13.02.2025, and even a huge amount of 3 time i.e. for more than 02 years, the trial could not be concluded till date only on account of non-appearance of the applicant before the trial Court. Therefore, the applicant is not entitled to be granted bail by this Court. 5. On the other hand, learned State counsel opposes the bail application. He further submits that after being granted bail by the trial Court on 17.01.2022, the applicant has jumped the bail and was arrested on 13.02.2025, after issuance of arrest warrant against him by the trial Court, and if the applicant would be granted bail, there is every likelihood that the applicant will abscond again. As such, the applicant is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that after being granted bail by the trial Court on 17.01.2022, the applicant has jumped the bail and was arrested on 13.02.2025, after issuance of arrest warrant against him by the trial Court, further because of the non-appearance of the applicant as well as his counsel, the trial could not be concluded till date and as the applicant has absconded and did not appear before the trial Court right from the year 2023, and if the applicant would be granted bail, there is every likelihood that the applicant will abscond again, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 4 8. Accordingly, the bail application of the applicant – Manish Guldasani, filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, involved in Crime No. 201/2021 registered at Police Station – Saraswati Nagar, Distt. Raipur (C.G.), for the offence punishable under Sections 363(2)(k)(n), 377, 506 Part II of Indian Penal Code, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously. 10. Office is directed to send a certified copy of this order to the concerned trial Court for necessary information. - Sd/- (Ramesh Sinha) Chief Justice Preeti