1 2025:CGHC:22023 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3786 of 2025 1 - Satish Das S/o Shri Sudhanidhidas Aged About 37 Years R/o Devpur Kapasi Thana - Pakhanjur, District : Kanker, Chhattisgarh ... applicant versus 1 - State Of Chhattisgarh Through Station House Officer Police Station Mana Camp, District : Raipur, Chhattisgarh ... non- applicant For applicant : Ms. Smita Jha, Advocate For non-applicant/ State : Mr. Shashank Thakur, Dy. A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.05.2025 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 have been arrested in connection with Crime No. 78/2025 registered at Police Station : Mana Camp, District – Raipur (C.G.) for the offence punishable under Sections 64, 351(2) of the Bhartiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution is that, based on a written complaint on 10.03.2025 by the Complainant at Mana Camp police station, that SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.05.14 12:40:03 +0530 2 she is acquainted with the applicant through Facebook last year and getting mobile no. he started chatting and calls regularly and stated that he is divorcee and loved her and wants to marry with her and he would come with marriage proposal in her sister's house. On 02.09.2025 present applicant came there and make physical relation and this would be continue whenever he coming Raipur. He lived with her from 29.12.2024 to 07.01.2025 in the house of complainant. On 06.01.2025 on making a call on the number from which repeated call were made in the mobile phone of the applicant on the same day she knew that he was married and live with his wife at Pakhanjur. On the basis of written complaint made by the complainant the report has been lodged at thana Camp Raipur for the offence under section Section 64,351(2) BNS 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. She submits that the complainant had demanded Rs. 2,50,000/- for purchasing the home and then the present applicant gave Rs. 1,37,000/- in cash and Rs. 80,000/- through UPI in three to four installment and when the present applicant has asked her to return his money, the complainant has implicated him in a false case. She further submits that earlier also the complainant has filed a case against the applicant which was compromised between the parties. There was no criminal history of the applicant. The applicant is in jail since 11.03.2025, conclusion of the trial may take some time, therefore, she prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail 3 application of the present applicant and submits that the charge- sheet has been submitted before the competent Court in the present case. 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 further the applicant has no criminal antecedents, moreover, the charge - sheet has already been submitted before the competent Court in the present case and he is in jail since 11.03.2025 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. Let applicant, Satish Das involved in Crime No. 78/2025 registered at Police Station : Mana Camp, District – Raipur (C.G.) for the offence punishable under Sections 64, 351(2) of the Bhartiya Nyaya Sanhita, 2023 (BNS) 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 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 4 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 misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicant 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 are 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 sagrika