1 2025:CGHC:22639 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2969 of 2025 Gajendra Singh Markam S/o Shri Rajaram Aged About 30 Years R/o Village- Masul, Police Station Mohla, District- Mohla-Manpur-Ambagarh Chauki (C.G.) ... Applicant versus State of Chhattisgarh Through The Police Station Mohla, District- Mohla- Manpur-Ambagarh Chauki (C.G.) ... Non-applicant For Applicant : Mr. Rajendra Patel, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 09.06.2025 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. 21/2025 registered at Police Station : Mohla, District – Mohla – Manpur – Ambagarh Chauki (C.G.) for the offence punishable under Sections 64(2)(M), 69 and Section 351(2) of the Bhartiya Nyaya Sanhita, 2023. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.06.11 10:45:27 +0530 2 2. As per the case of prosecution, on 18/03/2025 the victim lodged a report before the Police Station Mohla that she came in contact with the present applicant in the month of November 2023 and since then, they had a love affair. On 03/12/2023 on the occasion of the birthday of the victim the present applicant took the her in her car and thereafter committed forceful sexual intercourse with her near the Koraldand Konde forest. It has further been alleged in the complaint that the victim as well as the present applicant were married and the present applicant started abusing and assaulting the victim and left the victim at Mohla. Thereafter the present FIR has been lodged. Therefore, offence under sections 64 (2) (M), 69, 351 (2) of the B.N.S. was registered against the present applicant. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He submits that admittedly, an affair was going on between the applicant and the victim who is a major girl aged about 24 years, and they had performed a marriage ceremony in a Shiv Temple. He also submits that the applicant and the victim belong to the same caste. They were residing together as husband and wife in a rented house belonging to Tuleshwar Sahu at Siddharth Nagar, Village Mohla. The present FIR was lodged following a quarrel between them. He also submits that the applicant FSL and MLC reports of the victim were found to be negative. He further submits that the applicant is in jail since 24.03.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 3 4. On the other hand, learned counsel State counsel opposes the bail application of the present applicant 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. Considering the facts and circumstance of the case, nature and gravity of offence and from perusal of the statement of the victim recorded under Section 183 of the BNSS, it appears that the victim is a major girl, approximately 24 years old, who had an affair with the applicant and was a consenting party, but after some time their relationship could not be materialized, then she filed aforesaid case against the present applicant, also considering the fact that the charge-sheet has been submitted before the competent Court in the present case and the applicant has been in jail since 24.03.2025 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. 7. Let applicant, Gajendra Singh Markam, involved in Crime No. 21/2025 registered at Police Station : Mohla, District – Mohla – Manpur – Ambagarh Chauki (C.G.) for the offence punishable under Sections 64(2)(M), 69 and Section 351(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the Court concerned with the following conditions:- 4 (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 the trial court to treat such default as abuse 5 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 forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek