1 2025:CGHC:14505 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 485 of 2025 1 - Nageshwar Prasad Verma S/o Late Balram Verma Aged About 25 Years R/o Village Dharashiv, P.S. Lawan, District : Balodabazar-Bhathapara, Chhattisgarh ... Appellant(s) versus 1 - State Of Chhattisgarh Through Station House OfÏcer, Police Station- Khamtarai, District Raipur, Chhattisgarh. ----Respondent For Appellant : Mr. Sameer Singh, Adv. For State : Mr. Karan Bahrani, P.L. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 26.03.2025 1. This criminal appeal filed under Section 14-A(2) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short, 'Act of 1989') against the order dated 14.02.2024 passed by learned Special Judge (Atrocities) Raipur (CG) whereby an application filed by the appellant has been dismissed. 2. In pursuance of notice issued to victim, Today, victim appeared before this Court through DLSA Raipur and raised no objection in releasing the appellant on bail. Digitally signed by JYOTI JHA Date: 2025.03.28 11:48:53 +0530 2 3. Case of the prosecution, in brief, is that the complainant made complaint to the concerned Police Station alleging therein that the appellant has committed sexual intercourse with her against her will. Based upon the complaint, the Police has registered FIR for commission of offence under Section 376(2)(n) and 506 of II of the IPC and Section 3(2)(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act against the appellant. 4. It has been argued by the learned counsel for the appellant that the statement of the prosecutrix would show that there was an affair between the present appellant and prosecutrix and she voluntarily went to several places with the appellant and she was a consenting party and she had established sexual relationship with the appellant with her own will, the appellant is in jail since 29.09.2024, hence he prays that the appellant be enlarged on bail. 5. Learned State Counsel opposed the submissions made by learned counsel for appellant as well as bail application of the appellant. 6. Heard learned counsel for the parties. 7. Having heard the contentions put forth on either side and on perusal of record, particularly taking note of the fact that today victim appeared through DLSA and she raised no objection in granting bail the appellant, which shows that she established consensus relationship with her own sweet will with the appellant and there was love affair between them and the trial is likely to take sometime for its conclusion and the appellant is in jail since 29.09.2024, this Court is of the view that the appellant is entitled to be released on bail in this case. 3 8. Let appellant, Nageshwar Prasad Verma, involved in Crime No. 675/2024 under Sections 376(2)(n), 506 Part-II and Section 3(2)(2)(v) of the SC/ST (Prevention of Atrocities) Act, Police Station – Khamtarai District Raipur Chhattisgarh, be released on bail on his furnishing a personal bond with one surety in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The appellant 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 appellant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bhartiya Nyaya Sahita, 2023 (iii) In case, the appellant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of BNSS 2023. is issued and the appellant 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 Bhartiya Nyaya Sahita, 2023 (iv) The appellant shall remain present, in person, 4 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 2023 If in the opinion of the trial court absence of the appellant 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 them in accordance with law. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Arvind Kumar Verma) Judge Jyoti