1 / 4 2025:CGHC:5688 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 291 of 2025 1 - Vinay Singh S/o Ramdayal Singh Aged About 30 Years R/o- Village- Bhala, Police Chowki- Vijayanagar, P/s- Ramanujganj, Distt.- Balrampur- Ramanujganj, Chhattisgarh ... Applicant versus 1 - State of Chhattisgarh Through Police Out Check- Post- Vijayanagar, Police Station- Ramanujganj, Distt.- Balrampur-Ramanujganj (Chhattisgarh) ... Respondent For Applicant : Mr. Rahul Mishra, Advocate For State : Mr. Karan Bahrani, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 30/01/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested on 30/09/2024 in connection with Crime No. 177/2024, registered at Police Station Ramanujganj, District Balrampur- Ramanujganj, C.G. for the offence punishable under Sections 64, 115(2) of B.N.S. & Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.02.01 11:31:41 +0530 2 / 4 2. The case of the prosecution in brief is that on 13/09/2024 at about 12 O’Clock the prosecutrix went to forest name as Puran-Pani Jungle for grazing her cattle at that time at about 3.00 PM the present applicant committed forceful sexual intercourse with her thereafter she she narrated the entire incident to her parents, thereafter, the FIR was lodged against the present applicant and after investigation the charge-sheet has been filed and the applicant was arrested. 3. Learned counsel for the applicant would submit that the applicant and prosecutrix were having love relationship and they used to meet for chatting but the mother of the prosecutrix made the complaint against the present applicant. He would next contend that though the allegation of forceful rape has been leveled but no injury was found on the body of the prosecutrix. He would next contend that there is over writing in the date of birth of the prosecutrix, therefore, it cannot be said that at the time of incident the prosecutrix was minor. He would lastly contend that the applicant is in jail since 30/09/2024, therefore, he may be released on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail. 5. Victim along with her mother appeared through video conferencing from DLSA Balrampur and they stated that they have no objection in granting bail to the applicant. 6. I have heard learned counsel for the respective parties at length and perused the documents. 7. Considering the fact that the applicant and the prosecutrix are in love relation with each other; the prosecutrix has recorded her no objection 3 / 4 with regard to grant of bail to the applicant; the charge-sheet has already been filed before the trial Court; the victim has already been examined before the trial Court and she did not depose anything regarding comission of rape; and also the fact that the applicant is in jail since 30/09/2024, I am inclined to release the applicants on bail. 8. Let applicant Vinay Singh, involved in Crime No.177/2024, under Sections 64, 115(2) of B.N.S. & Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012 in police station Ramanujganj, District Balrampur-Ramanujganj, C.G., be released on bail on his furnishing a personal bond for a sum of Rs.10,000/- with one surety each in 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 their counsel. In case of his absence, without sufficient cause, the trial Court may proceed against him under Section 269 of Bhartiya Nyay Sanhita, 2023. (iii) In case, the applicant misuses the liberty of bail during 4 / 4 trial and in order to secure his presence proclamation under Section 84 of BNSS, 2023 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 Bhartiya Nyay Sanhita, 2023. (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 2023. 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. 9. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. SD/- Sd/- (Arvind Kumar Verma) JUDGE ashu