1 2025:CGHC:1471 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 129 of 2025 Aakash Das Mahant Urf Chhotu S/o Gautam Das Aged About 24 Years R/o Mahant Para, Purani Basti, Kothari, Korba, District Korba (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station- Urga, Korba District- Korba (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Anshul Tiwari, Advocate. For Non-Applicant(s) : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/01/2025 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. 435/2024 registered at Police Station Urga, Korba District- Korba (C.G.) for the offence punishable under Sections 69 of Bharatiya Nyaya Sanhita (for short ‘BNS’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.10 12:11:12 +0530 2 2. Case of the prosecution, in brief, is that the complainant has filed a report stating that she had a romantic relationship with Akash Mahant from Kothari village for the past 6 years. For the last 2 years, Akash had been promising to marry her and had physical relations with her at different places on multiple occasions. On 21.10.2024, she went to Akash's house and asked him to get married, but he kept her at his house saying that he would marry her and then had physical relations with her against her will, claiming that she was his wife. Thereafter, the offence has been registered against the applicant. 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 further submits that there is no solid piece of evidence recovered from the applicant, which shows that the applicant has never committed any sexual intercourse with the complainant on the pretext of marriage. He also submits that the victim is aged out 21 years and she was in consensual relationship with the applicant for six years, and the said fact is also admitted by the victim herself, further there is no allegation of physical harm, threat or coercion that would justify the claim of forceful sexual intercourse. The applicant is in jail since 18.11.2024, the applicant has no criminal antecedent, 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 appearing for the respondent/State opposes the bail application and submits that the 3 charge-sheet has been filed in the present case. He further submits that the applicant established physical relationship with the victim on multiple occasions on the pretext of marriage, therefore, the applicant is not entitled is not entitled for grant of bail. 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, nature and gravity of offence, period of detention of the applicant since 18.11.2024, the fact that though the allegation against the applicant that he established physical relationship with the victim on multiple occasions on the pretext of marriage, but victim is aged about 21 years and she was a consenting party, further she was in consensual relationship with the applicant for six years and when their relationship could not be materialized, the present FIR has been lodged by the victim to harass the applicant, charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant-Aakash Das Mahant Urf Chhotu, involved in Crime No. 435/2024 registered at Police Station Urga, Korba District- Korba (C.G.) for the offence punishable under Sections 69 of 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 effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In 4 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. 8. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil