1 2025:CGHC:23457 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4153 of 2025 Deepak Banjare S/o Manbodh Banjare Aged About 22 Years R/o Ward No. 7 Sarkhor P.S. Lawan, District - Balodabazar-Bhatapara Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S. - Lawan, District Balodabazar-Bhatapara Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Aishwarya Kumar Dubey, Advocate. For Respondent(s) : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/06/2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 99/2025 registered at Police Station Lawan, District Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 64(2)(m) of the Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that on the pretext of marriage, AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 applicant had committed rape on victim, who later realized that the applicant has already married and also have a child, thereafter, aforesaid offence has been registered against the applicant on the basis of complaint made by the victim and subsequently, the applicant was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application was dismissed as withdrawn by this Court with a liberty to file a fresh bail application vide order dated 20.05.2025, therefore this second bail application is filed on the ground that victim is a major girl aged about 22 years and she was a consenting party, there was a consensual relationship between applicant and victim. Furthermore, it has not been proved that the applicant is a married person. The applicant is in jail since 28.02.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant is alleged to have established physical relationship with the victim on the pretext of marriage, thereafter, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant 3 was dismissed as withdrawn by this Court with liberty to file a fresh bail application vide order dated 20.05.2025 in MCRC No. 3831 of 2025 on the ground that though the applicant is alleged to have established physical relationship with the victim on the pretext of marriage, but she is a major girl aged about 22 years and was a consenting party, she had been in consensual relationship with the applicant and when their relationship could not be materialized, she lodged the present FIR on the ground that the applicant is already a married person, which has been categorically denied by the applicant in para Nos. 6.4 and 6.6 of the bail application, further he has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Deepak Banjare, involved in Crime No. 99/2025 registered at Police Station Lawan, District Balodabazar- Bhatapara (C.G.) for the offence punishable under Sections 64(2) (m) of the BNS, 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 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 4 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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil