1 2025:CGHC:14948 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2008 of 2025 Priyanshu Chyelike S/o Sanjay Chyelike, Aged About 18 Years R/o Satnami Para Village Matiya, Police Station Malhar, District- Bilaspur Chhattisgarh, Present Address- Sadani Hostel Dhaneli, Police Station- Mujgahan District Raipur C.G. … Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station- Mujgahan District Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Rohan and Mr. Shailendra Dubey, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.03.2025 1. 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. 297/2024, registered at Police Station - Mujgahan District Raipur (C.G.) for the offence punishable under Sections 64 and 351(2) of Bharartiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that the complainant lodged a written PREETI KUMARI Digitally signed by PREETI KUMARI 2 complaint on 16.12.2024 at the police station mujgahan Raipur that she is a resident of Professor Colony Sector 03, Street No. 02 and is a student of B-Optometry in Rawatpura College Dhaneli. She used to travel daily from Professor Colony to Rawatpura College by college bus Priyanshu Chelak, a boy studying in her college, used to travel in the same bus. He used to call her from different numbers for the past several days. When she did not answer his call, on 16.12.2024 at around 12:00 in the morning, Priyashu Chelak called her to the college garden and started threatening that he would kill her family and after threatening her, he made her sit in his friend's motorcycle whose number she did not know, took her to the Gothan of Dhaneli village and raped her forcefully. Then he left her back near the college and ran away. Then from there she went to Bhatgaon and told everything to her mother. Based on the written complaint of the victim, a First Information Report was registered against the accused. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the victim is a major lady and had a consensual love affair with the applicant and thereafter, a 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. It is also submitted that the FSL report of the victim is negative. The applicant has no previous criminal antecedents, the charge-sheet has been filed in this case. The applicant is in jail since 18.12.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. It is 3 further submitted that the applicant has committed forcibly sexual intercourse with the victim. Therefore, the applicant is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicant and period of detention in jail, and from the perusal of the statement, it transpires that the victim is a major lady and had a consensual love affair with the applicant, thereafter, a 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 and further the fact that FSL report of the victim is negative, the applicant has no previous criminal antecedents, the charge-sheet has been filed in the present case and the applicant is in jail since 18.12.2024 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. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let the applicant - Priyanshu Chyelike involved in Crime No. 297/2024, registered at Police Station - Mujgahan District Raipur (C.G.) for the offence punishable under Sections 64 and 351(2) of Bharartiya Nyaya Sanhita, 2023, 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 4 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. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Preeti