1 2025:CGHC:14806 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2462 of 2025 Vikash Markande S/o Soman Lal Markande Aged About 20 Years R/o Village Kotgaon, Police Station Kurud District - Dhamtari Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House OfÏce. Police of Police Station Tikraprara Raipur District - Raipur (C.G.) ... Non-applicant For Applicant : Mr. Sanjeev Kumar Sahu, Advocate For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.03.2025 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. 1011/2024 registered at Police Station : Tikraprara, Raipur, District - Raipur (C.G.) for the offence punishable under Sections 64 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution's story, in brief, is that As per the prosecution’s case, on the date of the incident, 25.12.2024, the applicant and another co-accused allegedly committed forcible RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 sexual intercourse with the victim. Initially, the victim refused but eventually consented. After visiting various places, the applicant took her to his residence in Kamal Vihar Colony, Raipur, where he offered her an alcoholic drink. After consuming the drink and smoking, the victim became intoxicated. Upon returning home, the victim informed her mother about the incident, following which a report was lodged on 26.12.2024 at Police Station Tikrapara, District Raipur (C.G.). Consequently, the Station House OfÏcer of Police Station Tikrapara registered an FIR for offences punishable under Sections 64 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and the applicant was subsequently arrested. 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 major girl and she was a consenting party. He further states that the MLC was conducted, but no conclusive opinion was provided by the doctor and the forensic examination of the victim was also conducted, but the observations do not support the prosecution’s case. He further submits that the other co-accused, namely Litesh Narang, has already been granted bail by this Court in MCRC No. 718/2025 vide order dated 19.03.2025. He further submits that the present applicant is in jail since 27.12.2024 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 charge- 3 sheet has been submitted before the competent Court in the present case. He further submits that the present applicant and another co-accused allegedly committed forcible sexual intercourse with the victim, 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 the perusal of statement of victim recorded, it appears that the applicant took the victim to his residence in Kamal Vihar Colony, Raipur, where he offered her an alcoholic drink, after consuming the drink and smoking, the victim became intoxicated, thereafter, they engaged in sexual relations with mutual consent, the victim who is a major girl having a consensual relationship with the applicant and she was a consenting party and also considering the fact that the charge-sheet has already been submitted in the present case before the competent Court and the present applicant is in jail since 27.12.2024 and the 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, Vikash Markande, involved in Crime No. 1011/2024 registered at Police Station : Tikraprara, Raipur, District - Raipur (C.G.) for the offence punishable under Sections 64 and 3(5) of the Bharatiya 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 4 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 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 5 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 for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan