1 / 4 2025:CGHC:15149 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2005 of 2025 1 - Rajesh Usendi S/o Late Dhani Ram Usendi Aged About 19 Years R/o Village Bechaghat, Police Station Chhote Betiya, Tahsil Pakhanjure, District Uttar Bastar Kanker Chhattisgarh. ... Applicant versus 1 - State of Chhattisgarh Through The Station House Officer, Police Station Pankhanjure, District Uttar Bastar Kanker Chhattisgarh. ... Respondent For Applicant : Mr. Shivendu Pandya, Advocate For State : Mr. Pranjal Shukla, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 28/03/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 16/05/2024 in connection with Crime No.91/2024, registered at Police Station- Pankhanjure, District Uttar Bastar Kanker, C.G. for the offence punishable under Sections 363, 366, 376, 376 (3), 417 of the IPC and Section 4 (2) of the Protection of Children from Sexual Offences Act, 2012. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.03.28 18:37:47 +0530 2 / 4 2. The case of the prosecution in brief is that the applicant committed forceful sexual intercourse with the prosecutrix on the pretext of marriage. Thereafter, the report was lodged against the present applicant and on the basis of the same, the applicant was arrested. 3. Learned counsel for the applicant submits that the prosecutrix is major and she was a consenting party as there was affair in between them. He would next contend that there is delay in lodging the FIR and no plausible explanation has been given about such delay. He would next contend that they were residing together and visited different places. He would lastly contend that there is no previous antecedent against the applicant, charge-sheet has been filed, the applicant is in jail since 16/05/2024 and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail. 4. Per contra, learned counsel appearing on behalf of the State opposes the bail application submitted by the applicant. 5. The Victim along with her father appeared through video conferencing from DLSA Kanker and she recorded her no objection with regard to grant of bail to the applicant. 6. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 7. Taking into consideration the facts and circumstances of the case and particularly considering the fact that there is affair in between the 3 / 4 applicant and the prosecutrix and they lived together, therefore, it is a case of consensual relation between the parties and further considering the no objection given by the prosecutrix and also taking into that the applicant is in jail since 16/05/2024 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail. 8. Let the applicant involved in Crime No.91/2024, registered at Police Station- Pankhanjure, District Uttar Bastar Kanker, C.G. for the offences as mentioned above, be released on bail on his furnishing a personal bond of Rs.10,000/-with one surety 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/she 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 BNS, 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of the BNSS, 2023 is issued and the applicant fails to appear before the 4 / 4 court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/her, in accordance with law, under Section 209 of BNS, 2023. (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, 2023. 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. SD/- (Arvind Kumar Verma) JUDGE ashu