1 2025:CGHC:18587 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3158 of 2025 Anganu Kujur S/o Late Jagmohan Kujur Aged About 52 Years R/o Damodarpur, P.S.- Shankargarh, District Balrampur-Ramanujganj, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through P.S.- Shankargarh, District Balrampur- Ramanujganj, Chhattisgarh. ... Respondent For Applicant : Shri Navneet Kumar Yadav, Advocate. For Respondent/State : Shri Bharat Gulbani, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/04/2025 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.152/2024 registered at Police Station Shankargarh District Balrampur - Ramanujganj (C.G.) for the offence punishable under Sections 64(1) and 331(3) of Bharatiya Nyaya Sanhita 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.25 11:35:35 +0530 2 2. Case of the prosecution, in brief, is that on 23.08.2024 the complainant / prosecutrix has lodged written report before the Police Station Shankargarh stating that on 20.08.2024 the applicant has committed forcefully sexual intercourse with her. Therefore, the police station Shankargarh has registered a case as Crime No. 152/2024 for offence punishable under section 64(1) and 331(3) of Bharatiya Nyaya Sanhita 2023 against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that the applicant and the victim who was a lady was found in a compromising position and son of the victim has seen, hence the present FIR has been lodged. He would submit that the applicant is in jail since 24/08/2024, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. 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, considering the fact that the applicant and the victim who was a lady was found in a compromising position and son of the victim has seen, hence the present FIR has been lodged, applicant is in jail since 24/08/2024 and trial is likely to some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Anganu Kujur, involved in Crime No.152/2024 registered at Police Station Shankargarh District Balrampur - 3 Ramanujganj (C.G.), 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 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 of liberty of bail and proceed against him in accordance with law. 4 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri