1 2025:CGHC:21664 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2384 of 2025 1. Pushpendra Vishvas S/o Manoj Vishvas Aged About 29 Years R/o Village Mohra, P.S. Suhela, District (Reveue And Civil) Baloda Bazar Chhattisgarh. 2. Manoj Vishvas S/o Mahadev Vishvas Aged About 56 Years R/o Village - Mohra, P.S. Suhela, District (Revenue And Civil) Baloda Bazar Chhattisgarh. 3. Sanjay Vishvas S/o Mahadev Vishvas Aged About 43 Years R/o Village Kutela, P.S. Giroudhpuri, District (Revenue And Civil) Baloda Bazar. ... Applicants versus State of Chhattisgarh Through Station House Officer, Police Station Suhela, District Baloda Bazar Chhattisgarh. ... Non-applicant For Applicants : Mr. Yogesh Pandey, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. 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 applicants who have been arrested in connection with Crime No. 56/2025 registered at Police Station : Suhela, District – Baloda- Bazar (C.G.) for the offence punishable under Sections 64, 64(2)(f), ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.05.09 21:06:15 +0530 2 351(3), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's story in brief is that the victim lodged a report on 08.03.2025, at Police Station Palmgarh, District Janjgir-Champa (C.G.), which was initially registered as a zero FIR under sections 64, 64(2)(f), 351(3), and 3(5) of the B.N.S. The case was later transferred to Police Station Suhela, District Baloda Bazar (C.G.), as the alleged offense occurred within Suhela's jurisdiction. The victim alleged that between 15.08.2024, and 28.11.2024, her father- in-law, Manoj Vishvas, and uncle-in-law, Sanjay Vishvas, committed rape on different occasions. She further stated that on 28.11.2024, at around 10:00 PM, all three accused visited her maternal home in Palmgarh, District Janjgir-Champa (C.G.), blackmailed her by threatening to make an obscene video viral, and committed rape. The matter was reported to the police, who arrested the accused under sections 64, 64(2)(f), 351(3), and 3(5) of the B.N.S. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. He submits that the marriage between applicant No. 1 and the victim was performed at Arya Samaj on 13.07.2021. Due to the issue from the wedlock, the victim was mentally disturbed. On 24.09.2024, the victim ran away from her in-laws' house in Village Mohra along with her boyfriend, prompting applicant No. 1 to lodge a missing person's report. Later, the victim was recovered and appeared before Police Station Sohela with her father, where she stated she 3 didn't want to reside with her husband. A copy of the agreement, panchnama, and her statement is filed as Annexure A-2. He further submits that from 27.09.2024, the victim started residing at her maternal home in Janjgir-Champa. Applicant No. 1 filed an application under Section 12 of the Hindu Marriage Act on 09.10.2024, to declare the marriage null and void. The vicrtim appeared, and the matter is pending for evidence. A copy of the divorce petition is filed as Annexure A-3. He also submits that the victim lodged a report against the applicants before Police Station Palmgarh on 07.11.2024 (Annexure A-4). Mediation occurred on 28.11.2024, and 16.12.2024 (Annexure A-5), where the victim didn't mention the alleged rape incident. The police report was filed on 08.03.2025, with no explanation for the delay. He further contended that the present case is a matrimonial dispute, to which the complainant is trying to give a criminal color. He also submits that the applicants have no criminal antecedents and they are in jail since 10.03.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicants. 4. On the other hand learned State counsel opposes the bail application of the present applicants and submits that present applicants/accused committed forcefully sexual intercourse with the victim, therefore, they are 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 4 gravity of offence and also considering the fact that the present case is a matrimonial dispute and further the applicants have no criminal antecedents, moreover, the charge - sheet has already been submitted before the competent Court in the present case and they are in jail since 10.03.2025 and the trial is likely to take sometime for its conclusion, I am of the opinion that the applicants are entitled to be released on bail in this case. 7. Let applicants, Pushpendra Vishvas, Manoj Vishvas and Sanjay Vishvas involved in Crime No. 56/2025 registered at Police Station : Suhela, District – Baloda-Bazar (C.G.) for the offence punishable under Sections 64, 64(2)(f), 351(3), 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. 5 (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 8. Office 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