1 2025:CGHC:22095 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3881 of 2025 1 - Mahaprasad D/o Khuyu Aged About 41 Years R/o Madi Ramnagar, P.S. Kushmi District- Balrampur Ramanujganj (C.G) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through-P.S. Incharge P.S. Kushmi, District- Balrampur Ramanujganj C.G. ---- Non-Applicant (Cause-title taken from Case Information System) For Applicant : Mr. Anuj Kumar Pandey, Advocate For Non-Applicant : Mr. Shaleen Singh Baghel, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.05.2025 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. 128/2024 registered at Police Station Kushmi, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Section 64(1) of the Bhartiya Nyaya Sanhita, 2023. Digitally signed by REKHA SINGH DN: cn=REKHA SINGH, ou=HIGH COURT OF CHHATTISGARH, o=HIGH COURT OF CHHATTISGARH, st=CHATTISGARH, c=IN Date: 2025.05.15 16:10:51 +0530 Digitally signed by REKHA SINGH DN: cn=REKHA SINGH, ou=HIGH COURT OF CHHATTISGARH, o=HIGH COURT OF CHHATTISGARH, st=CHATTISGARH, c=IN Date: 2025.05.15 16:10:51 +0530 2 2. Case of the prosecution, in brief, is that on 02.11.2024 at 20.00 hrs., the present applicant namely, Mahaprasad went to the house of the victim along with her husband for dinner. After the dinner, the present applicant committed sexual intercourse forcefully with the victim without her consent. Thereafter, the matter reported to the Police Station Kushmi on 17.11.2024 and thereafter, the applicant has been arrested on 18.11.2024. 3. Learned counsel for the applicant submits that the victim is a major married lady who is aged about 43 years old. He further submits that the statement of the victim as well as statement of her husband have been recorded by the Trial Court, in which, it is stated that there was some dispute going on between the husband of the victim and the present applicant in respect of the Government land for the last four years and which has been admitted by the victim. He also submits that the applicant has not committed any offence and she has been falsely implicated in offence in question. He contends that no internal and external injury have been found on the body of the victim. The applicant is in jail since 18.11.2024, the applicant has no criminal antecedents, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant 3 of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the present applicant/accused committed forcefully sexual intercourse with the victim, therefore, he is not entitled for grant of regular bail. 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, nature and gravity of offence, period of detention of the applicant since 18.11.2024. Further, considering the fact that the victim is a major married lady who is aged about 43 years old and the statement of the victim as well as statement of her husband have been recorded by the Trial Court, in which, it is stated that there was some dispute going on between the husband of the victim and the present applicant in respect of the Government land for the last four years and which has been admitted by the victim, the applicant has no criminal antecedents and charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application of applicant- Mahaprasad involved in Crime No. 128/2024 registered at Police Station- 4 Kushmi, District Balrampur, Ramanujganj (C.G.) for the offence punishable under Section 64(1) of B.N.S, is allowed and she shall be released on bail on her 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 she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her 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 5 against her, 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 her in accordance with law. 8. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously, preferably within a period of four months from the date of passing of this order, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rekha