1 2025:CGHC:1760 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 184 of 2025 Dilip S/o Late Motilal Aged About 57 Years R/o Kachchhi Dafai Chhota Bazar, Police Station- Chirmiri, District- Koriya (Now Manendragarh- Chirmiri- Bharatpur (M.C.B.) Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station- Chirmiri, District- Koriya (Now Manendragarh- Chirmiri- Bharatpur (M.C.B.) (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Dharmesh Shrivastava, Advocate. For Non-Applicant(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/01/2025 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. 268/2024 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.10 19:45:11 +0530 2 Chirmiri, District- Koriya (C.G.) for the offence punishable under Sections 294, 376(2)(n) of the Indian Penal Code. 2. Case of the prosecution, in brief, is that complaint was filed by the victim against the applicant/accused at Chirmiri Police Station on 17.10. 2024, under Crime No. 268/2024, Sections 294 and 376(2) (n) of the Indian Penal Code. The accused was arrested on 18.10.2024. the main allegation against the applicant/accused is that the victim was living separately from her husband. The applicant/accused allegedly promised to marry the victim and establish a physical relationship with her, and over the past year, he had several physical encounters with 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 the victim is married lady aged about 29 years, and she was the consenting party, they were in consensual relationship for the last one years, the victim met with the applicant in the month of July, 2023 and she was in relationship with the present applicant up to 30.06.2024 and the report was lodged on 17.10.2024, which shows that false and fabricated report has been lodged against the present applicant. He also submits that the neither forcibly sexual intercourse nor physical relationship without consent of the victim was made by the present applicant, as such, no offence has been made out against the applicant as aforementioned. The applicant is in jail since 18.10.2024, the applicant has no criminal antecedent, charge-sheet has been filed 3 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. She further submits that the applicant has established physical relationship with the victim on multiple occasions for the last one year on the pretext of marriage, therefore, the applicant is not entitled 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 18.10.2024, the fact that victim is married lady aged about 29 years and she was a consenting party, she was in consensual relationship with the applicant for the last one year and when their relationship could not be materialized, the present FIR has been lodged by the victim to harass the applicant, further the applicant has no criminal antecedent 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-Dilip, involved in Crime No. 268/2024 registered at Police Station Chirmiri, District- Koriya (C.G.) for the offence punishable under Sections 294, 376(2)(n) 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 4 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 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