1 2025:CGHC:10910 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1671 of 2025 Vireshwar Alias Bhagat Rajwade S/o Late Nepal Rajwade Aged About 40 Years Resident Of Village Turna, Police Station Darima, District Sarguja (C.G.) ... Applicant versus State Of Chhattisgarh Through - The Station House OfÏcer, Police Station Darima, District Sarguja (C.G.) ---- Non-Applicant For Applicant : Mr. Jitendra Shukla, Advocate For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS for grant of regular bail, as he has been arrested in connection with Crime No.160/2024, registered at Police Station Darima, District- Sarguja, (C.G.) for the offence punishable under Sections 376 (2-n), 450-B, 384 of IPC and Section 67(A) of the Information Technology Act. 2. The prosecution story in brief, is that the victim made complaint KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 before the concerned Police Station stating therein that in the Month of 2024, the applicant entered in the house of victim and showing the knife and has made physical relation with her. The allegation against the present applicant is also that the applicant has taken the obscene video of the victim and threatened her to viral the video and has also committed sexual intercourse with her many times. Upon such act of the accused, the police has registered the crime against them and filed the charge-sheet before the concerned Court. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that there is no involvement of the present applicant in the said crime and merely for false allegation made against the present applicant and the applicant has neither committed nor participated in any such act, which may amount to any of the offences, mentioned above and there is no seizure made against the applicant relating to the video. He further submits that the victim is a major lady having three children and having love relation with the applicant for long time and when the husband of the victim caught hold both of them, the husband of pressurized she lodged complaint against the accused and further the alleged incident is on March- 2024 and the FIR has been lodged on 21-12-2024, which is delayed of more than 08 months in lodging the FIR. He also submits that there is consent party between the applicant and victim and when the husband of the victim know about the love affair, he threatened his wife for leave and asked the victim for lodging the 3 FIR, therefore, the false FIR has been registered against the applicant and the applicant is in jail since 22.12.2024 and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned counsel for the State opposes the bail application of the applicant and submits that in the present case, charge-sheet has been filed before the competent Court and further the fact that the present applicant along with co-accused has forcefully committed sexual intercourse with the victim without her consent and the present applicant had taken video of her and thereafter threatened to viral her video. Therefore, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and nature of offence levelled against the applicant and admittedly the fact that the victim is a major lady aged about 27 years old and the FIR was registered after the delay of 09 months and it appears that they are the consenting parties and she falsely implicated the applicant only the pressure of her husband. Therefore, without further commenting anything on merits, I am inclined to grant regular bail to the applicant. 7. Let the Applicant -Vireshwar @ Bhagat Rajwade, involved in Crime No.160/2024, registered at Police Station Darima, District- Sarguja, (C.G.) for the offence punishable under Sections 376 (2-n), 450-B, 384 of IPC and Section 67(A) of the Information Technology 4 Act, 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 sufÏcient 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 opinion of the trial court absence of the applicant is deliberate or without sufÏcient 5 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. OfÏce is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Kunal