1 2025:CGHC:28734 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3827 of 2025 Gokul Prasad Prajapati S/o Cheduram Aged About 28 Years R/o Atal Chowk Pandripani, Police Station Civil Line Rampur, Korba, Tahsil And District Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Chowki Rajgamar, Police Station Balco, District Korba (C.G.) ... Non-applicant For Applicant : Mr. Deepak Kumar Singh, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.06.2024 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. 178/2024 registered Police Station – Chowki Rajgamar,, District Korba (C.G.), for the offences punishable under Sections 64(1), 296, 115(2), 351(2) of B.N.S. 2023. 2. That on 19.02.2025 the prosecutrix aged about 28 years has lodged written complaint against applicant and alleged that she VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.28 17:56:42 +0530 2 was married to Krishna Bareth on 24.05.2022 as per Hindu Custom and there was divorce between them on 09.08.2023. After divorce the prosecutrix was living in paternal house with his mother and younger sister. The prosecutrix brother was working as helper under applicant Gokul Prasad Prajapati and they knew each other from earlier so there was love affair between the prosecutrix and applicant. One day when the prosecutrix mother, sister and brother has gone to village for marriage function then the applicant has committed sexual intercourse by pretest of marriage and he has committed sexual intercourse many times due to which prosecutrix was pregnant twice and he has done abortion by giving pills. On 26.01.2025 the applicant has committed sexual intercourse and the prosecutrix has asked the applicant for marriage so the applicant has denied for marriage and used filthy language and beaten him and threaten to kill him. The prosecutrix has lodged report before Police of Police Chowki Rajgamar, Police Station Balco, District Korba (C.G.) concern police have registered crime no. 178/2025 offence punishable under section 64(1), 296, 115(2), 351(2) of B.N.S. 2023 against applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that the prosecutrix is 28 years old and she is consenting party, educated and well developed divorcee lady and applicant Gokul Prasad have love 3 affair from the year 2018, he further submits that there is no definite opinion can be given regarding recent sexual intercourse and applicant is in jail since 26.04.2025 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, the learned State counsel opposed the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case and from perusal of the statement of the victim, it appears that the victim and the present applicant were in a consensual relationship and they established sexual relationship and thereafter, their relationship could not be materialize, consequently, the present FIR has been lodged by the victim on the ground that the present applicant refused to marry her. Therefore, without commenting anything on merits, I am inclined to grant regular bail to the applicant.. 7. Let the Applicant – Gokul Prasad Prajapati , involved in Crime No. 178/2024 registered Police Station – Chowki Rajgamar, District Korba (C.G.), for the offences punishable under Sections 64(1), 296, 115(2), 351(2) of B.N.S. 2023., be released on bail on furnishing personal bond with two local 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 4 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 his 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, 5 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav