1 2025:CGHC:10875 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1766 of 2025 Shivcharan Alias Dokarwa Yadav S/o Nanki Aged About 40 Years R/o Manpur, Police Station Manpur, Kota, District : Bilaspur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through- Station House OfÏcer, Police Station- Kota, District : Bilaspur, Chhattisgarh ... Non-applicant For Applicant : Mr. Sajal Kumar Gupta, Advocate. For Non-Applicant : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/03/2025 1. This is the first bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 762/2024 registered at Police Station Kota, District- Bilaspur (C.G.) for the offence punishable under Sections 64, 331(4), 3(5) of the BNS. 2. Case of the prosecution, in brief, is that on 15.09.2024, a written complaint was lodged by the complainant before the concerned police station with the averment that on 14.09.2024, her husband went to sell khova who did not return back on the night, on that night, the main accused Munna Yadav along with applicant came KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 around 12 am in night and asked for glass and entered into the house of the complainant with drunken way at around 12:30 am and thereafter, Munna Yadav committed rape with the complainant and applicant was also removing his clothes to commit rape on her but she began to cry and said that she will die so he put on his clothes and both ran away. The complainant came to her matrimonial home in Gram- Newsa and tell about the incident to her husband and family members. Thereafter, the police ofÏcer registered the aforesaid offence and initiated the investigation. During the course of investigation, statement of the witnesses were recorded and after completion of the entire investigation charge sheet has been filed. 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 from perusal of the prosecution story itself it is glaring that before lodging the FIR the complainant went to her matrimonial home and she was forced by her family members to lodge the report against the applicant and the present case cannot be fully relied upon as the report was lodged by the complainant due to some personal grudge and there is no other connecting evidence and witness in the present case and the medical report does not disclose any thing about commission of rape on the complainant and memorandum itself is not admissible, therefore, prosecution fails to prove prima facie case against the present applicant and he is in jail since 16.09.2024, he has no criminal antecedent, charge- sheet has been filed before the competent Court. He also submits that the main accused Munna Yadav works to drive cows and bulls 3 and due to some disputes in this relation between complainant and present applicant he was falsely implicated in the present crime in question and the present also roped in present case and further there is no evidence in the prosecution case to implicate the applicant and the main accused Munna Yadav has already been granted bail by this Court in MCRC No. 723 of 2025 vide order dated 27/01/2025. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the present applicant was accompanying the main accused who committed crime in question and the main allegation is levelled against the co-accused who has been granted bail by this Court. 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, nature and gravity of offence, period of detention of the applicant since 16.09.2024 and also considering the victim’s statement recorded under Section 183 of the BNS and further the fact that the present applicant was only accompanying the main accused who committed crime in question and the main allegation levelled against the co-accused who has already been granted bail by this Court being MCRC No.723/2025, vide order dated 27.01.2025, thus without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. Let the Applicant-Shivcharan Alias Dokarwa Yadav, involved in 4 Crime No. 762/2024 registered at Police Station Kota, District- Bilaspur (C.G.) for the offence punishable under Sections 64, 331(4), 3(5) 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 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 5 Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient 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. Sd/- (Ramesh Sinha) Chief Justice Kunal