1 2025:CGHC:12343 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2018 of 2025 Bhagwat Ram S/o Shri Shiv Prasad Korram Aged About 24 Years R/o Village Mundori Ward No. 11 Tahsil Dondi Lohara District Balod (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through PS Mangchua Distt. Balod (C.G.) ... Respondent(s) For Applicant(s) : Mr. Vijay Shankar Mishra, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/03/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 35/2024 registered at Police Station Mangchua Distt. Balod (C.G.) for the offence punishable under Section 376(2)(n) of the Indian Penal Code. 2. Case of the prosecution, in brief, is that the applicant/accused AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 allegedly established physical relations with victim multiple times between May 20, 2019, and October 19, 2024 on the pretext of marriage. Thereafter, offence has been registered against the applicant and subsequently he has been arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that victim is aged about 25 years and she was a consenting party, further she had been in consensual relationship with the applicant from 2019 to 2024, due to which she herself left her parental home, further when their relationship could not be materialized, victim has lodged the present FIR against applicant to harass him. He also submits that there is 5 years of delay in lodging the FIR. The applicant is in jail since 19.12.2024, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of 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. She further submits that applicant had established physical relationship with victim multiple time from 2019 to 2024 on the pretext of marriage, therefore, he 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, 3 nature and gravity of offence, period of detention of the applicant since 19.12.2024, the fact that though the applicant is alleged to have established physical relationship with victim multiple time from 2019 to 2024 on the pretext of marriage, but victim is aged about 25 years and she was a consenting party, further she had been in consensual relationship with the applicant from 2019 to 2024 and when their relationship could not be materialized, she lodged present FIR against the applicant, further the applicant has no criminal antecedent, also considering the statement of victim recorded under Section 183 of BNSS and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Bhagwat Ram, involved in Crime No. 35/2024 registered at Police Station Mangchua Distt. Balod (C.G.) for the offence punishable under Section 376(2)(n) of the Indian Penal Code, 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 sufÏcient cause, the trial court may proceed against him under 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil