1 2025:CGHC:21998 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2261 of 2025 1. Bhuneshwar Rathia S/o Rajkumar Rathia Aged About 27 Years R/o Village-Chodha Thana And Tahsil-Kharsia, District-Raigarh, Chhattisgarh. ... Applicant versus 1. State Of Chhattisgarh Through Station House Officer Police Station Chakradhar Nagar District- Raigarh (C.G.) ... Non-applicant For Applicant : Mr. N.K. Malaviya, Advocate For Non-Applicant/State : Mr. S.S. Baghel, Dy. GA For Complainant : Ms. Laxmin Tondey, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.05.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 82/2025 registered at Police Station – Chakradhar Nagar, District Raigarh (C.G.), for the offence punishable under Section 69 of the Bhartiya Nagarik Sanhita, 2023. 2. The prosecution's case is that on the pretext of marriage the applicant developed corporeal relation with the prosecutrix between the period RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.05.13 18:04:39 +0530 2 November, 2024 to 30/1/2025. Based on this report, an offence was registered under Section 69 of the BNS, 2023. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. The prosecutrix is a major lady; there is a love affair between them; and she is a consenting party. He would further submit that the applicant is a young boy and has passed B.Sc. Nursing. He would also submit that the applicant is in detention since 28.2.2025 and he would pray for release of the applicant. 4. On the other hand, learned State counsel and learned counsel for the complainant would oppose the bail application of the present applicant and would submit that the applicant developed corporeal relation with the prosecutrix on the false pretext of marriage, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the entire facts and circumstances of the case; submissions of learned counsel for the parties; particularly considering the fact that mere breech of promise to marry would not automatically constitute rape; and also considering the fact the Victim is a major lady who has remained in relationship with the applicant for the period November, 2024 to 30/1/2025, this Court is of the opinion that it is a fit case to enlarge the applicant on bail. 7. Let the Applicant – Bhuneshwar Rathia, involved in Crime No. 82/2025 registered at Police Station – Chakradhar Nagar, District 3 Raigarh (C.G.), for the offence punishable under Section 69 of the Bhartiya Nagarik Sanhita, 2023 be released on bail on furnishing 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 4 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. 8. 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 Rahul