1 2025:CGHC:14813 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2449 of 2025 Kush Dewangan S/o Shri Somnath Dewangan Aged About 25 Years R/o 104/1, Main Road, Suresh Bhojnalay, Juna, Bilaspur, District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through - The Station House OfÏcer, Police Station- Civil Line, District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Kunwar Lal Sahu, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. For Complainant : Ms. Richa Dwievedi, Advocate. 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. 24/2025 registered at Police Station : Civil Line, District – Raipur (C.G.) for the offence punishable under Section 69 of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's story, it is alleged that on ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.28 17:17:42 +0530 2 12.01.2025, the victim submitted a written complaint at the Police Center Civil Line Raipur (C.G.), stating that she is a resident of Santoshi Nagar Raipur and a first-year BSC student. Kush Dewangan, along with his family, had visited her for a potential marriage arrangement. After expressing interest, he left, and a conversation began between them. On 16.11.2024, Kush Dewangan took her to Amit Hotel Raipur, promising marriage, and then forcefully had physical relations with her. He now refuses to marry her. Based on the victim's complaint, a First Information Report (FIR) was registered against the applicant/accused at the Civil Line Raipur police station under Crime No. 24/2025, Section 69 of the Bhartiya Nayay Sanhita 2023. The applicant/accused was arrested on 13.01.2025. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the victim stated that the incident occurred on 16.11.2024, whereas the complaint was lodged at the police station on 12.01.2025, almost two months later. He also submits that the victim in her statement recorded under Section 183 of the B.N.S.S, the victim mentioned that the accused, along with his family, visited her house to discuss marriage. When the victim and the accused went to a room to talk, a dispute broke out between the two families. He further submits that it is alleged that some unknown persons posted the accused's photo, the acussed’s sister’s photo, and wrote abusive things about the accused's mother. A complaint was lodged at the City Kotwali Bilaspur police station, and a crime was 3 registered on 27.12.2024. The police investigated and registered an FIR against the victim. Following this, the victim filed a complaint of sexual assault against the present applicant. He further submits that the victim has filed an afÏdavit before the trial court, stating that she has no objection to the applicant being granted bail. In view of this, he prays that regular bail be granted 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 been submitted before the competent Court in the present case. She further submits that the present applicant/accused on the pretext of marriage committed sexual intercourse with the victim, thereafter, denied, therefore, he is not entitled for grant of regular bail. 5. Learned counsel for the complainant submits that the victim has no objection if the bail application of the present applicant is allowed. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the victim has filed an afÏdavit before the trial court, stating that she has no objection to the applicant being granted bail, moreover, the charge-sheet has already been submitted before the competent Court in the present case and the applicant is in jail since 13.01.2025 and the trial is likely to take sometime for its conclusion, therefore, I am of the 4 opinion that the applicant is entitled to be released on bail in this case. 8. 8. Let applicant, Kush Dewangan, involved in Crime No. 24/2025 registered at Police Station : Civil Line, District – Raipur (C.G.) for the offence punishable under Section 69 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 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 5 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. 9. 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 Abhishek