1 (MCRC No. 4078 of 2025) 2025:CGHC:22397 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4078 of 2025 1 - Ujiyar Ram Khande S/o Ram Prasad Aged About 50 Years Occupation Labour R/o Village Dadgaon, Police Station Udaypur, District - Surguja (C.G.) --- Applicant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Udaypur District - Surguja (C.G.) --- Non-applicant(s) (Cause title taken from the Case Information System) For Applicant : Mr. Vineet Kumar Pandey, Advocate For Non-applicant/State : Ms. Upasana Mehta, Dy. GA Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 27.05.2025 1. This is the First bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 59 of 2025 registered at Police Station : Udaypur, District – Surguja (C.G.) for the offence punishable under Sections 64(1), 64(2)(f) & 64(2)(h) of the Bharatiya Nyaya Sanhita, 2023. ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.05.28 12:36:00 +0530 2 (MCRC No. 4078 of 2025) 2. The prosecution case, in brief, is that on 19.04.2025 at about 05:00 PM when the prosecutrix had gone to attend the call of nature in a vacant plot, the present applicant reached there and committed forced sexual intercourse with her. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in the present case. He would further submit that though the victim has made allegation of rape against the applicant but there was no external or internal injury as per the medical examination and the MLC report has been found to be negative. It is further argued that there was some dispute with regard to returning of credit money to the applicant, on account of which the procecutrix and her husband have falsely implicated the applicant. It is further submitted that the applicant is 50 years of age and he has no criminal history. That the applicant is in jail since 20.04.2025 and the conclusion of trial will take some time, therefore, he prays that the applicant be enlarged on bail. 4. Learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this matter and the applicant does not deserve to be released on bail at this juncture. 5. I have heard learned counsel for the parties and perused the case diary. 3 (MCRC No. 4078 of 2025) 6. Considering the facts and circumstances of the case, nature and gravity of offence and also considering the fact that there was no external or internal injury as per the medical examination and the MLC report has been found to be negative and the applicant is in jail since 20.04.2025 and 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, Ujiyar Ram Khande involved in Crime No. 59 of 2025 registered at Police Station : Udaypur, District – Surguja (C.G.) for the offence punishable under Sections 64(1), 64(2)(f) & 64(2)(h) of the BNS, 2023, be released on bail on him 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 the Bhartiya Nyaya Samhita. 4 (MCRC No. 4078 of 2025) (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 Bhartiya Nyaya Samhita. (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 concerned trial Court forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice @d!t!