1 2025:CGHC:30676 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3828 of 2025 Mohit Nishad S/o Khuman Nishad Aged About 20 Years R/o Suraj Nagar, Sankalp Colony, Housing Board Block No. 04/29, Labhandi, P.S. Telibandha, District-Raipur (C.G.) ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Khamhardih District Raipur Chhattisgarh … Non-applicant For Applicant : Mr. Rekhraj Baghel, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 04.07.2025 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. 551/2024 registered at Police Station : Khamhardih , District – Raipur (C.G.) for the offence punishable under Section 64(2)(m) & 351(2) of the Bhartiya Nyaya Sanhita, 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.04 17:55:34 +0530 2 2. The case of the prosecution, in brief, is that the complainant has lodged report to concerned police station that during from 13.12.2024 to 17.12.2024 the applicant has committed sexual intercourse with victim at several place in several time by threatening. Based upon the such information, the police has registered the offence punishable under section 64 (2), (m), 351 (2) of Bhartiya Nyay Sanhita in crime no. 551/2024 against the applicant in connection of this crime. 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 prosecution has cooked up concocted story in order to false intricate the applicant in connection of alleged offence based upon the false and fabricated allegation and the applicant is only earning member of his family and he is in jail since 18.12.2024 and if he will take long time in jail and he will be adversely affected to survive of his family member, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel State opposed 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 thereafter denied, 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 circumstances of the case, the nature of the allegations levelled against the applicant, further considering the fact 3 that the victim is a major girl and has some relationship with the applicant and it is stated that during scuffle between them, applicant had tried to pour kerosene oil on her but the evidence available on record does not show that no petrol was found on the body of the victim and no external or internal injury was found on her, further the applicant has been in jail since 18.12.2024 and that the trial is likely to take some time to conclude, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Mohit Nishad, involved in Crime No. 551/2024 registered at Police Station : Khamhardih , District – Raipur (C.G.) for the offence punishable under Section 64(2)(m) & 351(2) of the Bhartiya Nyaya Sanhita, 2023., 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 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 4 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 vaibhav