1 2025:CGHC:1373 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 74 of 2025 1 - Dolamani Bhoi S/o Dayalal Bhoi Aged About 40 Years R/o Jalkot, Police Station- Basna, District- Mahasamund (C.G.) --- Applicant Versus 1 - State Of Chhattisgarh Through Sho, Police Station- Basna Distt Mahasamund (C.G.) --- Non-applicant For Applicant : Mr. Vaibhav A. Goverdhan, Advocate For Non-applicant : Ms. Mandvi Bharadwaj, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 09/01/2025 1. This is the second bail application. The first bail application was dismissed as withdrawn vide order dated 09.01.2024 in M.Cr.C. No. 8746/2023 with liberty to repeat the prayer after filing of the charge- sheet. 2. This bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 598/2023 registered at Police Station – Basna, District – Mahasamund, Chhattisgarh for the offences punishable under Sections 376 (2) (n) of the Indian Penal Code, 1860. 3. Case of prosecution is that, the vicitm has lodged a writtten report in the concerned police station 22.11.2023 alleging that the applicant SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 committed forceful sexual intercourse with her on 05.07.2023 on the pretext of marriage and thereafter, on many occasions, established physical relation due to which, the victim became pregnant and thereafter, the applicant refused to marry her. Based on the report, the aforementioned crime eas registered and the applicant was arrested 22.11.2023. 4. Learned counsel for the applicant submit that applicant is innocent, he has been falsely implicated in the instant crime, he has not committed any offence as alleged. He submits that the victim on the date of incident was a major lady aged about 30 years. From the written report as lodged by the victim, it is apparent that the victim is a consenting party and the report has been lodged after thought. Applicant is in jail since 22.11.2023 and therefore, he has completed about more than 01 year and 02 months of the pre-trial detention. Trial may take sometime, hence, he may be enlarged on bail. 5. On the other hand, learned State counsel vehemently opposes the submission made by learned counsel for the applicant. 6. I have heard learned counsel for the respective parties. 7. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, period of pre-trial detention, age of the applicant as also, the victim, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 8. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned on the conditions that: 3 (a) 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. (b) 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. (c) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the courton 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. (d) 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. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey