1 2025:CGHC:17639 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2543 of 2025 Suresh Dahriya S/o Sukhdas Dahriya Aged About 45 Years R/o- Vill. Jhal, Thana- Bilha, Distt.- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Sho Bilha P.S., District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Akhand Pratap, Advocate For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.04.2025 1. Proceedings of this case have been taken through video conferencing. 2. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 86/2024, registered at Police Station : Bilha, District- Bilaspur (C.G.) for the offence punishable under Sections 376, 323 and 506 of the Indian Penal Code. 3. The case of the prosecution, in brief, is that on 25.03.2024 in the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 night at about 11:30 o'clock the victim was alone at her home, her husband and friends of husband went to hospital due to some scufÒe and the applicant/ accused was also with them. But after some the applicant came back home, he was in a state of intoxication and pushed the victim to his room and put her on bed and he removed her clothes i.e. Night gown and panty and kissed on her lips therefore she couldn't cry and he also pressed her both the breasts and raped her thereafter he threatened her to not to tell her husband about this incident. When her husband along with his friends came back to home and knocked the main door. The victim asked applicant to leave her and then she got up and worn her clothes and went to open the door. Meanwhile, the applicant also worn his clothes and went outside. The victim told the incident to her husband and on the next day, on the written complaint of the victim, the police registered an offence punishable under Sections 376, 323, 506 of Indian Penal Code, bearing Crime No.86/2024, against the present applicant. 4. Learned counsel for the applicant submits that the applicant is innocent person and he has been falsely implicated in the aforementioned crime. He further submits that the victim is sister-in- law of the applicant. They live in a same home in different rooms. Due to previous enmity, she has made false allegation upon him. The victim stated that her husband is a social worker and he helps people but in the instant case he did not go to the police station on the same day but after planning they went to the police station on the next day and made false complaint. The applicant is languishing 3 in jail since 29.03.2024 for one year, in a false crime and his incarceration is affecting his mental state adversely as he is just 45 years old. He has his old father to look after but due to his incarceration his father is left behind and for livelihood his father has to do begging in the street and door to door. The complainant and her husband do not look after the father and the applicant has three criminal antecedents which has already been explained in the bail application of para No. 4(A) and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant. 5. On the other hand, the learned State counsel opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court further the applicant entered into the room of the victim and committed rape upon her and threatened her to kill if she narrate the incident to anyone however, FSL and MLC reports are said to have negative further the applicant has four criminal antecedent which has been explained in his bail application and 08 cases of preventive in nature, looking to the seriousness of this case, the present applicant is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case- diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and further considering the victim’s statement recorded under Section 183 of the BNSS and in the present case, the FSL and MLC reports have yielded negative and in the present case, charge-sheet has 4 been filed before the competent Court moreover, the applicant has three criminal antecedent out of which one case has disposed of and two cases are still pending which has been explained in the bail application of para No. 4(A) thus, this Court is of the view that the present applicant is entitled to be released on bail. 8. Let the applicant – Suresh Dahriya, involved in Crime No. 86/2024, registered at Police Station : Bilha, District- Bilaspur (C.G.) for the offence punishable under Sections 376, 323 and 506 of the 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 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 5 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. 9. However, this Court hopes and trust that the trial Court would make an earnest endeavour to conclude the trial as expeditiously as possible preferably within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 10. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal