1 2025:CGHC:14676 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2424 of 2025 Roshan Deshlahare S/o Shri Shantanu Deshlahare Aged About 32 Years R/o Village Nahanda, Police Station And Tehsil Gunderdehi District Balod Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Gunderdehi District Balod Chhattisgarh. ... Non-applicant For Applicant : Mr. Prasoon Agrawal, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 26.03.2025 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. 242/2024 registered at Police Station : Gunderdehi, District – Balod (C.G.) for the offence punishable under Sections 64(2)(K), 64(2)(m) and 49 of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's story, a report was lodged at the Gunderdehi Police Station in Balod District, Chhattisgarh, on ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.27 11:24:10 +0530 2 23.10.2024, by the victim's sister. The report alleges that the applicant engaged in forcible sexual intercourse with the victim on multiple occasions between 13.10.2024, and 16.10.2024, under the false pretext of marriage. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He submits that the victim is a 31-year-old major and her statement has already been recorded before the trial Court. Her statement does not support any claim of mental incapacity. He further submits that the present applicant has been in jail since 24.10.2024 and the conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the present applicant on the pretext of marriage established physical relationship with the victim and thereafter denied, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and from perusal of the statement of the victim recorded before trial Court, it transpires that victim who is major lady, aged about 31 years was a consenting party, further, the fact that the charge-sheet has been submitted before the competent 3 Court in the present case and the applicant has been in jail since 24.10.2024, the trial is likely to take sometime for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Roshan Deshlahare, involved in Crime No. 242/2024 registered at Police Station : Gunderdehi, District – Balod (C.G.) for the offence punishable under Sections 64(2)(K), 64(2)(m) and 49 of the Bhartiya Nyaya Sanhita, 2023, 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 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 4 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 forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek