1 2025:CGHC:28273 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2922 of 2025 1 - Sukman Yadav S/o Bisnath Aged About 35 Years R/o Village Kudur, Police Station Pungarpal, District Kondagaon, Chhattisgarh. ... applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Pungarpal, District Kondagaon, Chhattisgarh. ... Non-applicant For Applicant : Ms. Iturani Mukhrji, Advocate For Res/State : Mr. Jitendra Shrivastava, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.06.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 04 /2024 for the offences punishable under Section 376(2)(<), 506 of IPC and 64(2) (M), 351(2) of BNS. 2. Case of the prosecution, in nutshell, is that in the month of July, 2021, 2 the present applicant on the pretext of marriage has committed sexual intercourse with the victim and thereafter the applicant committed sexual intercourse many times and threatened the victim, if the matter may be disclosed by her to her family member, he will kill her and when the victim got pregnant and asked for marriage, the applicant has denied to perform the marriage, therefore, crime has been registered and filed the charge sheet before the concerned Court. 3. Learned counsel for the applicant would submit that the applicant is innocent person and he has been falsely implicated in the crime in question. He further submits that victim is a major girl and she has voluntarily established the physical relation with the applicant and since the relationship could not be materialised, therefore, she alleged that applicant/accused established physical relation with her and threatened her to not disclose the incident to anyone. He further submits that the applicant is in jail since 20.09.2024 charge-sheet has already been filed, and no criminal antecedents have been reported against the applicant and, as such, the applicant may be enlarged on bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicants and submits that the charge -sheet has already been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Having heard learned counsel for the parties, having regard to the facts & circumstances of the case, particularly considering the fact that 3 victim who is a major girl voluntarily made physical relation with the applicant and when their relationship did not materialise the present FIR has been lodged by her against the applicant, further considering the facts that the applicant is in jail since 20.09.2024; charge-sheet has already been filed; no criminal antecedents has been reported against the applicant and conclusion of the trial may take some more time. Therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant Sukman Yadav involved in Crime No. 04 /2024 for the offences punishable under Section 376(2)(<), 506 of IPC and 64(2) (M), 351(2) of BNS, be released on bail on furnishing 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against his 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, 4 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 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 concerned for necessary information and compliance forthwith. - Sd Sd/- (Ramesh Sinha) Chief Justice amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.06.28 17:34:39 +0530