1 2025:CGHC:21655 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2370 of 2025 Makhanlal Nishad S/o Lekhram Nishad Aged About 27 Years R/o Village- Sakrali, Tehsil And Police Station- Dabhara, District- Sakti (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House Officer of Police Station- Dabhra, District- Sakti (C.G.) ... Non-applicant For Applicant : Mr. Tarendra Kumar Jha, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 09.05.2025 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. 76/2025 registered at Police Station : Dabhra, District - Sakti (C.G.) for the offence punishable under Section 376 and 506 of the Indian Penal Code (IPC). 2. As per the allegations, the offence was committed on 03.06.2022, and the report was lodged on 09.03.2025, by the victim. Police Station Dabhra, District Sakti, registered an offence under Sections ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.05.09 21:06:16 +0530 2 376 and 506 of the Indian Penal Code at Crime No. 76/2025. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He contends that the present FIR is false and was delayed by two years and nine months. He further submits that the victim is a major lady. He also submits that the charge-sheet has already been submitted in the present case before the competent Court. He would submit that the applicant has no criminal antecedents and he is in jail since 09.03.2025, conclusion of the trial may take sometime, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has not been submitted before the competent Court in the present case. He further submits that the present applicant/accused forcefully committed sexually intercourse with the victim, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties. 6. Considering the facts and circumstance of the case, nature and gravity of offence and from perusal of statement of the victim recorded under Section 183 of the BNSS, it appears that the victim and the applicant were in a consensual relationship and the victim was a consenting party and when their relationship could not be materialized, the victim lodged an FIR against the applicant, moreover, the fact that the charge-sheet has already been 3 submitted before the competent Court which is taken on record and the applicant has been in jail since 09.03.2025, trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Makhanlal Nishad, involved in Crime No. 76/2025 registered at Police Station : Dabhra, District - Sakti (C.G.) for the offence punishable under Section 376 and 506 of the Indian Penal Code (IPC), be released on bail on his furnishing a personal bond with two sureties in the like amount 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 4 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. 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 Abhishek