1 2025:CGHC:22659 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4001 of 2025 1 - Satish Mandavi S/o Khuman Mandavi Aged About 24 Years R/o Khairwahi P.S. Dondhi (Wrongly Mentioned As Doundi In The Casue Title Of Impugned Order ) District - Balod (C.G.) ... Applicant versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Dondhi District - Balod (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Prasoon Agrawal, Advocate For State : Mr. Bharat Gulbani, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/06/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is arrested in connection with Crime No.38/2025 registered at Police Station – Dondhi, District- Balod (C.G.) for the offences punishable under Sections 376(2)(n) of IPC. 2. Case of the prosecution, in brief, is that on 17.03.2025 a written complaint was made by the prosecutrix who was aged about 20 years at the time of incident alleged to have been occurred on 17.02.2023 to 30.06.2024 that on 17.02.2023 about 1:00 a.m. the applicant for the first time committed forcible sexual intercourse with her on the false pretext of marriage. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.06.11 11:28:14 +0530 2 3. Learned counsel for the applicant submits that the applicant is innocent and she has been falsely implicated in the present case. He further submits that the prosecutrix is aged about 20 years old at the time of alleged incident and there was love affair between the applicant and prosecutrix. He also submits that investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer fo grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused case diary. 6. Considering the facts & circumstances of the case, gravity of offence, also considering the fact that the prosecutrix is aged about 20 years old at the time of alleged incident and there was love affair between the applicant and prosecutrix, investigation and trial are likely to take time, therefore, I am inclined to grant bail to the present applicant. 7. Let the applicant Satish Mandavi involved in Crime No. 38/2025 registered at Police Station - Dondhi, District - Balod (C.G.), for the offences punishable under Section 376(2)(n) of IPC, be released on bail on his 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. 3 (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of her 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 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali 4