1 2025:CGHC:18122 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3060 of 2025 • Gabriyal Samant S/o Lalsai Samant Aged About 28 Years R/o Village Baikunthpur Korwa Para P.S. Trikunda District - Balrampur - Ramanujganj (C.G.) ... Applicant versus • State Of Chhattisgarh Through P.S. Trikunda District - Balrampur - Ramanujganj (C.G.) ... Non-applicant For Applicant : Mr. Navneet Kumar Yadav, Advocate For State : Mr. Shashank Thakur, Dy. A.G. Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. 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. 46/2024 registered at Police Station VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.24 17:16:42 +0530 2 Trikunda, District Balrampur-Ramanujganj (C.G.) under Section 64(1) of BNS Act. 3. Case of the prosecution, in brief, is that on 11.10.2024 the complainant/Prosecutrix has lodged report before the police station – Trikunda stated that the applicant has committed forcefully sexual intercourse with her. Therefore, the police station – Trikunda has registered a case as crime number 46/2024 for offence punishable under Section 64(1) of BNS 2023 against the present applicant and charge-sheet was filed before the learned Court below. 4. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case and prosecutrix is 29 years old major lady there was a consensual relationship between the prosecutrix and applicant. He further submits that applicant has no criminal antecedents and he is in jail since 12.10.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court, looking to the aforesaid offence, therefore, the present applicant is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 3 7. Taking into consideration the facts and circumstances of the case that the applicant has no criminal antecedent and prosecutrix is a 29 years old major lady and there was a consensual relationship between the prosecutrix and applicant, 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 8. Let the Applicant – Gabriyal Samant, involved in Crime No. 46/2024 registered at Police Station Trikunda, District Balrampur – Ramanujganj (C.G.) under Section 64(1) of BNS, be released on bail on their 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 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. 4 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. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali