1 2025:CGHC:29969 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3550 of 2025 Dhanurjay Yadav S/o Ashwani Yadav Aged About 25 Years R/o Girwani, P.S.- Punjipathra, District-Raigarh (C.G.) At Present Resident of Amlipali, Police Station-City Kotwali, District-Bilaspur (C.G.).................(In Jail) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station - Sirgitti (Wrongly Mentioned As City Kotwali), District-Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Amit Singh Chauhan, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 02.07.2025 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. 728/2024 registered at Police Station : Sirgitti, District – Bilaspur (C.G.) for the offences punishable under Sections 376(2)(n) and 506 of the Indian Penal Code. 2. As per the prosecution story, in brief, on 19.10.2024, the victim ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.03 11:14:22 +0530 2 lodged a report at Police Station Sirgitti, alleging that on 04.02.2024, the applicant applied vermilion on her forehead and committed sexual intercourse with her. Thereafter, the applicant had sexual intercourse with her several times and also prepared objectionable videos and photos of the victim. On the basis of the above report, the alleged offences were registered against the applicant. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He submits that the victim is a major girl, who had a love relationship with the applicant and was a consenting party. He also submits that the applicant is in jail since 02.03.2025 and 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 counsel State counsel opposes the bail application of the present applicant and submits that the present applicant on the pretext of marriage established physical relationship with the victim and prepared objectionable videos and photos of the victim, therefore, he is not entitled for grant of regular bail. 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 from perusal of the statement of the victim 3 recorded under Section 183 of the BNSS, it appears that the victim is a major girl, who had a love relationship with the applicant and was a consenting party, but after some time their relationship could not be materialized, then she filed aforesaid case against the present applicant, also considering the fact that the charge-sheet has been submitted before the competent Court in the present case and the applicant has been in jail since 02.03.2025 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Dhanurjay Yadav, involved in Crime No. 728/2024 registered at Police Station : Sirgitti, District – Bilaspur (C.G.) for the offences punishable under Sections 376(2)(n) and 506 of the Indian Penal Code, be released on bail on his 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 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 4 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. 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 Abhishek