1 2025:CGHC:22219 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3164 of 2025 1 - Jayesh Patel @ Taran Patel S/o Ashok Patel Aged About 27 Years R/o Village - Gidhwa, Police Station - Thankhamharia, District - Bemetara (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station - Bhilai Nagar, District - Durg (C.G.) -- Non-Applicant (Cause Title taken from Case Information System) For Applicant : Mr. Bharat Rajput, Advocate For Non-Applicant For Objector : : Mr. Jitendra Shrivastava, G.A. Mr. R.P. Tripathi, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.05.2025 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 VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 No. 120/2025 registered at Police Station Bhilai Nagar, District Durg C.G., for the offence punishable under Section 376(2)(N) of IPC, 64 of BNS (as per bail rejection order). 2. Case of the prosecution, in brief, is that on the pretext of marriage, the applicant has repeatedly committed sexual intercourse with the prosecutrix since 2021. The report to the above effect was lodged by the prosecutrix, upon which, the offences U/s 376(2)(N) of IPC, 64 of Bhartiya Nyay Sanhita, 2023 have been registered against the applicant. 3. Learned counsel for the applicant would submit that the applicant is an innocent person and has been falsely implicated in this case. He submits that the victim is a major girl who is about 23 years and she was having relation with the applicant since year 2021 and on her own consent, she established physical relationship with the applicant. It is further stated that the false allegation has been made that the applicant refused to marry her. The applicant is in jail since 07.04.2025 and conclusion of trial is likely to take some time, therefore, it is prayed that the present applicant be released on bail. 4. Learned counsel for the complainant/objector opposes the submission made by counsel for the applicant and submits that the complainant was forced to not to marry the applicant. He submits that when the victim/complainant had gone to the house of the applicant, the applicant and his mother assaulted her, due 3 to which, certain injuries came over the body of the victim. 5. On the other hand, learned counsel for the State, opposes the bail application and submits that the charge-sheet has been filed in the present case on 17.04.2025 and the same has been taken on record. He submits that the present applicant has established physical relationship with the complainant on the pretext of marriage and when the victim asked him to marry her, the applicant refused, therefore, he is not entitled for grant of regular bail. 6. I have heard learned counsel appearing for the parties. 7. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations leveled against the present applicant, the fact that the chargesheet has already been filed, and upon query made to the counsel for the complainant as to whether any injury was caused to the victim when she had gone to the house of the applicant and whether any FIR was registered for the said act, to which he had no response, along with the fact that no medical examination of the complainant was conducted, and further considering that the applicant has been in jail since 07.04.2025 and that the conclusion of the trial is likely to take some more time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 8. Let the applicant – Jayesh Patel @ Taran Patel, involved in Crime No. 120/2025 registered at Police Station Bhilai Nagar, 4 District Durg C.G., for the offence punishable under Section 376(2)(N) of IPC, 64 of BNS (as per bail rejection order), 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 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 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, 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 his, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 5 (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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 10. 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 Vishakha