1 2025:CGHC:16467 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2783 of 2025 Rajan Sharma S/o Late Dansay Sharma Aged About 60 Years R/o P.V. No. 66 Balrampur, Thana Partapur, Tahsil Pakhanjore, Distt. Uttar Baster Kanker Chhattisgarh ... Applicant versus The State Of Chhattisgarh Through Police Station Partapur, District – Uttar Baster Kanker, Chhattisgarh. ... Non-applicant For Applicant : Mr. Parag Kotecha, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.04 .202 5 1. Proceedings of this matter have been taken through video conferencing. 2. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 11/2024, registered at Police Station Partapur, District – Uttar Baster Kanker (C.G.) for the offence punishable under Section 64(2)(m) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 3. The prosecution story, in brief, is that it was an allegation since last one year, the applicant had committed forcefully rape on her daughter in law by threatening her, the victim had made the video of the incident. Hence, this offence was registered against the applicant. Hence, this application. 4. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the son of the applicant has filed an afÏdavit in the present case where he has submitted that he has fully conversant with the facts of this case, further there was some property dispute due to which the applicant has been falsely implicated in the present case, and there is no eye witnesses to the incident and no material had been collected by the prosecution to prove the allegation levelled against the applicant. It is also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 20.12.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. It is further submitted that it was an allegation since last one year, the applicant had committed forcefully rape on her daughter in law by threatening her, the victim had made the video of the incident. Therefore, the applicant is not entitled for grant of 3 regular bail. 6. I have heard learned counsel for the parties and perused the materials available on record. 7. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant and period of detention in jail, further the fact that the son of the applicant has filed an afÏdavit in the present case where he has submitted that he has fully conversant with the facts of this case, further there was some property dispute due to which the applicant has been falsely implicated in the present case, and there is no eye witnesses to the incident and no material had been collected by the prosecution to prove the allegation levelled against the applicant, also the fact that the charge-sheet has been filed in the present case, the applicant is in jail since 20.12.2024 and the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let applicant - Rajan Sharma involved in Crime No. 11/2024, registered at Police Station Partapur, District – Uttar Baster Kanker (C.G.) for the offence punishable under Section 64(2)(m) and 351(2) of the BNS, 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 4 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. 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 Rahul Dewangan