1 2025:CGHC:11809 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1930 of 2025 Devendra Singh Rajput S/o Vidyashankar Singh Rajput Aged About 24 Years R/o Ward No. 8, Chikhlakasa, Police Station Rajhara, District Balod, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Station House OfÏcer, Police Station Rajhara, District Balod, Chhattisgarh. ---- Non-Applicant For Applicant : Mr. Shikhar Sharma, Advocate For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.03.2025 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.23/2025, registered at Police Station Rajhara, District- Balod, (C.G.) for the offence punishable under Sections 69 of BNS. 2. The prosecution story in brief, is that on the written complaint made by the victim, the FIR has been registered against the applicant with KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 the averment that the present applicant has made physical relationship with the victim on the pretext of marriage and now denying to perform marriage with her. Therefore, the aforesaid offence has been registered against the applicant. 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 the victim is is major girl aged about 24 years old and she is consenting party. He further submits that there is a delay of more than 04 years in registration of the FIR, as the first incident has started by the victim is of 10.11.2020 and the victim remain continuously in relationship with the applicant till 17.01.2025 and between this period, she has not made any complaint against the applicant. He further submits that the applicant is also of the same age of the victim and they were in love relationship with each other, since the applicant was not having any government job, the victim was pressurizing to secure any government job and then to marry with her. The applicant was also preparing for getting job in police department for which he also cleared the physical test of the department on 16-11-2024, but the victim was pressurizing him, cause of which the applicant's mental status got disturb and he started consuming excessive liquor and cause of which he was admitted to the Shahid Hospital Dallirajhara and looking to the disturb mental status of the applicant, the doctor of the said hospital referred to him to the hospital at Devada for his better mental treatment. He further submits that there is no previous criminal record of the applicant and in the present case, charge-sheet has 3 been filed before the competent Court 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 has committed sexual intercourse with the victim on the pretext of marriage and thereafter, he refused to do so. 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, nature of offence levelled against the applicant and further the fact that the statement of the victim girl recorded under Section 183 of the BNS, it appears that the victim is a major girl aged about 24 years old and the FIR was lodged after a delay of 04 years for which no explanation has been offered in this regard and further the applicant and the victim were in love affair since 2020 and it appears to be a consenting party, thus without further commenting anything on merits, I am inclined to grant regular bail to the applicant. 7. Let the Applicant -Devendra Singh Rajput, involved in Crime No.23/2025, registered at Police Station Rajhara, District- Balod, (C.G.) for the offence punishable under Sections 69 of BNS, be released on bail on his furnishing a personal bond with two 4 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 cause, then it shall be open for the trial court to treat such 5 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