1 2025:CGHC:22369 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3420 of 2025 1 - Prakash Kosle S/o Santosh Kosle Aged About 21 Years R/o Chherkapur, Thana- Palari, District : Balodabazar-Bhathapara, Chhattisgarh ... Applicant versus 1 - The State Of Chhattisgarh Through S.H.O., Thana- Palari, District : Balodabazar-Bhathapara, Chhattisgarh ... Non-applicant For Applicant : Mr. Samir Singh, Advocate. For Non-applicant/State : Mr. Keshav Gupta, Govt. Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/05/2025 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 No. 102/2025 registered at Police Station : Palari, District – Baloda-Bazar-Bhatapara (C.G.) for the offence punishable under Sections 64(1), 332(B) and 351(2) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's story in brief is that on 12.03.2025, the victim went to sleep in her room after eating dinner. At around 12:30 p.m. the accused Prakash Kosle alias Raja came near her room and was throwing stones RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.05.28 18:11:31 +0530 2 at the window. When the victim went near the window and saw, the accused Prakash Kosle threatened her to open the door or else he would kill her. On opening the door, accused Prakash Kosle entered the house and forcibly took the victim to the room, made her lie down on the floor and sexual intercourse with her and run away, thereby the prosecutrix has lodge the written report at Police Station on 20.03.2025 with the averment that, on 12.03.2025, the present applicant enter to her house and committed sexual intercourse with her and run away upon which a report has been registered at Police Station : Palari, District – Baloda- Bazar-Bhatapara (C.G.) for the offence punishable under Sections 64(1), 332(B) and 351(2) of the Bhartiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicants submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the victim is married women and having a female child. The accused has never committed any crime by doing anything wrong with the complainant of the case and he is in custody since 20.03.2025 and the chargesheet has also been filed. The victim and the accused are residents of the same village and the accused used to go to the victim's husband to learn driving and during driving, the accused and the victim got acquainted and after the accused learned driving, he stopped visiting her house. He also submits that the applicant has no criminal antecedents and he is in jail since 20.03.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that present applicant/accused committed forcefully sexual intercourse with the victim, therefore, he is not entitled for grant of regular bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and as per the statement recorded under Section Section 179 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), it transpires that she was the consenting party as her husband usually remain outside being a truck driver by profession and when the door of the house was opened by her husband, she was found in a compromising position and in order to save herself, she allegedly roped the present applicant in crime in question and further, the applicant has no criminal antecedents and the FSL report is found to be negative, moreover, the chargesheet has already been submitted before the competent Court in the present case and he is in jail since 20.03.2025 and the trial is likely to take sometime for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. 7. Let applicant, Prakash Kosle involved in Crime No. 102/2025 registered at Police Station : Palari, District – Baloda-Bazar-Bhatapara (C.G.) for the offence punishable under Sections 64(1), 332(B) and 351(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on their furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that they 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 4 court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Ravi Mandavi