1 2025:CGHC:11797 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1969 of 2025 Abhishek Das Manikpuri S/o Amar Das Aged About 22 Years R/o Kohaniya, P.S. Seepat, Currently R/o Dee Para, Ameri, P.S. Sakri, District Bilaspur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, P.S. Sakri, District Bilaspur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Durga Shankar Mishra, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 10.03.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 794/2024 registered at Police Station : Sakri, District – Bilaspur (C.G.) for the offence punishable under Section 64(2)(M) and Section 351(2) of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution, the complainant works as a caretaker ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.11 10:53:31 +0530 2 at Shree Ram Care Hospital in Bilaspur, while the applicant is a security guard at the same hospital. They allegedly met through their work and started talking on the phone. The applicant supposedly invited the complainant to his home for a birthday party on 05.09.2024. The complainant claims she arrived at the applicant's residence around 8:30 pm, where she found no other guests. After asking about the party, the applicant allegedly asked her to come in and offered her a cold drink. After consuming the drink, the complainant says she lost consciousness for about four hours and woke up to find herself undressed. The complainant confronted the applicant about the non-consensual physical relations, and he allegedly threatened to share explicit photos and videos of her taken on his phone. The applicant continued to engage in non-consensual relations, using the photos and videos as blackmail. The complainant filed a written complaint, leading to an FIR registered against the applicant on 23.10.2024. The applicant was arrested the next day and has been in custody since. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He submits that the victim is a major girl aged about 25 years. He also submits that the electronic devices, allegedly used for the purported threats - including the applicant's mobile phone - have not been seized or produced as evidence, which further diminishes the credibility of the prosecution's case. He also submits that the applicant has no criminal antecedents and he is in jail since 24.10.2024, conclusion of the trial may take some time, therefore, 3 he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits the charge-sheet has already been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and the fact that the victim is a major girl aged about 25 years, further, the applicant has no criminal antecedents and the charge-sheet has been submitted before the competent Court in the present case, the applicant is in jail since 24.10.2024, the trial is likely to take sometime for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Abhishek Das Manikpuri, involved in Crime No. 794/2024 registered at Police Station : Sakri, District – Bilaspur (C.G.) for the offence punishable under Section 64(2)(M) and Section 351(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 4 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 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. 5 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek