1 2025:CGHC:22216 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3240 of 2025 1 - Hemant Baghel S/o Siyaram Baghel Aged About 24 Years R/o Asulkhar, Tahsil - Bhanupratappur, At Present Address - Imalipara, Housing Board, Kanker District- Kanker, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Kanker, District- Kanker, Chhattisgarh. ... Non-Applicant For Applicant : Shri Ram Sajiwan, Advocate For Non-Applicant : Shri Hari Om Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.5.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection Digitally signed by GOPAL SINGH Date: 2025.05.22 17:12:50 +0530 2 with Crime No. 85/2025, registered at Police Station Kanker, District Kanker (C.G.) for offences punishable under Sections 376, 376(2)(n), 294, 323 of the Indian Penal Code. 2. The case of the prosecution, in brief, is that the applicant and the complainant got acquainted with each other on Instagram in the year 2022. Thereafter, they started liking each other. Sexual relationship also established between them. Later, the complainant made a written complaint on which offences punishable under Sections 376, 376(2)(n), 294 and 323 of the Indian Penal Code have been registered against the applicant. 3. It is argued by learned counsel appearing for the applicant that the applicant has been falsely implicated in the case. The complainant/prosecutrix is well acquainted with the applicant through Instagram since the year 2022 and love affair had taken place between them. No offence was committed by the applicant as is alleged against him by the complainant. Learned counsel further submits that the applicant has no criminal antecedent. He is in jail since 18.3.2025. Charge- sheet has been filed. Trial is likely to take some time for its conclusion. Therefore, it is prayed that the applicant may be granted regular bail. 4. On the other hand, learned counsel appearing for the State opposes the bail application and submits that the charge- sheet has been filed before the competent Court. He further submits that there is allegation of commission of sexual 3 intercourse with the complainant several times at several places by the applicant. Therefore, the applicant is not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of the allegation levelled against the applicant and further the applicant came in contact with the victim through Instagram who is a major girl and developed relationship with her and consensual relationship was established between the two, the fact that the applicant has no criminal antecedent, also considering the fact that charge- sheet has been filed and the applicant is in jail since 18.3.2025, conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the applicant. 7. Let applicant, Hemant Baghel, involved in Crime No. 85/2025, registered at Police Station Kanker, District Kanker (C.G.) for offences punishable under Sections 376, 376(2)(n), 294, 323 of the Indian Penal Code, be released on regular bail on 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 4 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 her 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 5 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. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Gopal Singh