1 2025:CGHC:16464 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2793 of 2025 Ramrati Yadav @ Butu S/o Chhatram Aged About 39 Years R/o Village Kadari, Police Station Baradwar, District Sakti (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Baradwar, District Sakti (C.G.) ... Respondent For applicant : Shri Ishwar Jaiswal, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.14 12:46:56 +0530 2 293/2024 registered at Police Station Baradwar, District Sakti (C.G.) for the offence punishable under Sections 376 (2) (n) and 506 Part II of Indian Penal Code. 3. Case of the prosecution, in brief, is that the complainant made written compliant that from 03-06-2024 to 30-06-2024, the applicant committed sexual intercourse with the prosecutrix forcefully without her will and thereby committed the said offence and on the written complaint made by the complainant, FIR has been registered on 08-11-2024 and during the investigation, the present applicant has been arrested and charge sheet has been filed after the completion of investigation before the concerned Court. 4. Learned counsel for the applicant submits that the applicant is innocent person and he has been falsely been implicated in the present case. He would submit that the present applicant has not made any forceful relation with the prosecutrix and the prosecutrix was a consenting party, therefore no offence is made out against the present applicant. He would submit that incident took place from 03-06-2024 to 30-06-2024 but the FIR was registered on 08-11-2024 which is long delay without any explanation, which shows that the false case has been registered against the present applicant. He would submit that the applicant is in jail since 09-11-2024 and charge sheet has already been filed and the trial will take long time for its conclusion, hence, he prays for grant of regular bail to the applicant. 5. On the other hand, learned State Counsel opposes the prayer for grant of bail to the applicant and submits that the charge-sheet has been filed before the competent Court in the present case. 6. I have heard learned counsel appearing for the parties and perused the 3 case diary. 7. Taking into consideration the facts & circumstances of the case, considering the fact that incident took place from 03-06-2024 to 30-06- 2024 but the FIR was registered on 08-11-2024, prosecutrix was a consenting party, considering the period of detention of the applicant i.e. since 09/11/2024, charge-sheet has been filed and the trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant – Ramrati Yadav @ Butu, involved in Crime No. 293/2024 registered at Police Station Baradwar, District Sakti (C.G.) for the offence punishable under Sections 376 (2) (n) and 506 Part II of Indian Penal Code, be released on bail on his furnishing a 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 sufÏcient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, 4 proclamation under Section 82 Cr.P.C. 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 174-A of the Indian Penal Code. (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 313 Cr.P.C. 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 them in accordance with law. 9. OfÏce is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri