1 2025:CGHC:15668 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2625 of 2025 Hitesh Kumar S/o Late Rupram (Wrongly Mentioned As Rupram In The Impugned Order Sheet) Aged About 22 Years , R/o Tarri, P.S.- Gurur, District - Balod (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station - Gurur, District - Balod (C.G.) ... Respondent For applicant : Shri Prasoon Agrawal, Advocate. For Respondent/State : Ms. Subha Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/04/2025 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. 20/2025 registered at Police Station Gurur, District Balod (C.G.) for GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.04 10:51:58 +0530 2 the offence punishable under Sections under Section 376, 376(2)(<) under Indian Penal Code, 1860. 2. Case of the prosecution, in brief, is that, at the time of Diwali festival in the year 2023 the applicant committed sexual intercourse with the prosecutrix on the ground of false pretext of marriage. The same act has been committed by the applicant on multiple occasions with the prosecutrix. 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 would submit that applicant and prosecutrix were known to each other since 2023 and FIR has been lodged in 2025. The applicant is in jail since 03/02/2025, 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 opposes the bail application and submits that the charge-sheet has been filed in the present case. 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, also considering the fact that the applicant and prosecutrix were known to each other since 2023 and FIR has been lodged in 2025, period of detention of the applicant since 03/02/2025, charge sheet has been filed and the trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Hitesh Kumar, involved in Crime No. 20/2025 3 registered at Police Station Gurur, District Balod (C.G.) for the offence punishable under Sections under Section 376, 376(2)(<) under Indian Penal Code, 1860, 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 sufficient 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 sufficient cause, then it shall be open for 4 the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/-d/- (Ramesh Sinha) CHIEF JUSTICE gouri