1 2025:CGHC:1247 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 80 of 2025 Anand Kumar Dewangan S/o Sunil Dewangan Aged About 21 Years Resident Of Village Bhanwarpur, Out Post Bhanwarpur, Police Station Basna, District Mahasamund (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Basna, District Mahasamund (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Anil Kumar Gulati, Advocate. For Non-Applicant(s) : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/01/2025 1. 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. 132/2024 registered at Police Station Basna, District Mahasamund (C.G.) for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.09 16:57:56 +0530 2 under Sections 376(2)(n) and 506 of the Indian Penal Code. 2. Case of the prosecution, in brief, is that an FIR has been lodged by victim on 15.03.2024, alleging that on the applicant had forcibly established physical relationship with the victim several times without her consent and had also assaulted her and threatened her, if she tell anyone about the incident, he will kill her, thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that victim is married lady aged about 38 years and she was a consenting party, she also travelled all the way from Basna to Raipur and stayed there on rented house alongwith applicant, which clearly shows that she was a consenting party. He also submits that the victim as well as the applicant sworn an afÏdavit at Mahasamund, wherein the victim shows her intention to marry with the applicant, a copy of afÏdavit is also filed as Annexure A-3. The applicant is in jail since 04.12.2024, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant forcibly established physical relationship with the victim several times without her consent and had also assaulted her and threatened her, if she tell anyone about the incident, he will kill 3 her, thereafter, the applicant is not entitle for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 04.12.2024, the fact that though the allegation against the applicant that he forcibly established physical relationship with the victim several times without her consent and had also assaulted her and threatened her, if she tell anyone about the incident, he will kill her, but the same does not corroborate from the Medical Report, further considering the statement of victim recorded under Section 183 of BNSS and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant-Anand Kumar Dewangan, involved in Crime No. 132/2024 registered at Police Station Basna, District Mahasamund (C.G.) for the offence punishable under Sections 376(2)(n) and 506 of IPC, 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 4 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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil