1 2025:CGHC:22648 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1947 of 2025 Baban Ray S/o Mohar Ray Aged About 38 Years Occupation Bore Mechanic, R/o Durgawali, Police Station Masrak, District Chapra, Bihar, At Present R/o Village Gerwani, Fataha Puliya Ke Pass, Police Station Punjipathara, And District Raigarh Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through S.H.O. Of The Police Station Punjipathara, District – Raigarh, Chhattisgarh. ... Non-applicant For Applicant : None. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.06.2025 1. None appears on behalf of Learned counsel for the applicants to press this bail application. The applicant is in jail since 07.02.2025, hence, this Court proceeds to consider and disposed of this bail application with the assistance of learned State counsel. 2. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 38/2025, registered RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 at Police Station Punjipathara, District – Raigarh (C.G.) for the offence punishable under Section 64(1), 351(2) and 331(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 3. The prosecution story, in brief, is that on 07.02.2025, the major victim was alone at her home, she called the applicant to repair the light applicant came and repair the light then again around 6 PM when the victim came out after taking bath and changing her clothes then again the applicant came to repair the fan of her house, then again applicant came around 9:30 PM and it was alleged that forcibly committed sexual intercourse with her and ran away from the spot, and on the basis of the report lodged by the victim and applicant was arrested by the Police. Hence, this application. 4. Learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. It is further submitted that the applicant has committed forcefully sexual intercourse with the victim and ran away. Therefore, the applicant is not entitled for grant of regular bail. 5. I have heard learned counsel for the State and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant and period of detention in jail, further the fact that the victim is a major lady and there was some relationship made between the applicant and the victim, and thereafter, a consensual sexual relationship was established between both of them, but the relationship could not be materialized, hence, she filed the FIR and she is the consenting party, also the fact that the charge-sheet has 3 been filed in the present case, the applicant is in jail since 07.02.2025 and the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let applicant - Baban Ray involved in Crime No. 38/2025, registered at Police Station Punjipathara, District – Raigarh (C.G.) for the offence punishable under Section 64(1), 351(2) and 331(4) 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 sufficient 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 sufficient 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. 4 8. After passing of this order, Mr. Abhishek Saraf, learned counsel for the applicant appeared and prays that his presence may be marked. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar