1 2025:CGHC:29134 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4229 of 2025 Sarju Lahre S/o Naresh Lahre Aged About 30 Years R/o Bijradih, P.S. Bhatapara Gramin, District Balodabazar-Bhatapara (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Bhatapara Gramin, District Balodabazar-Bhatapara (C.G.) ... Non-applicant For Applicant : Mr. Vivek Sharma, Advocate For Res./State : Mr. Amit Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.06.2025 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. 213 of 2025 at the Police Station- Bhatapara Gramin, District- Balodabazar- Bhatapara (C.G.) for the offences punishable under Section Sections 64, 64(2)(m) of the BNS. 2 2. Case of the prosecution, in nutshell, is that in the year, 2024 the victim has filed a written complaint that the victim and the present applicant got acquainted through mobile phone. The victim always used to talk with the present applicant and after that they came into relationship they both were having love affair. On 01.01.2025, the present applicant came near the pond of village of the victim and called her and lured her with his words and to her to Bijradih and on the pretext of marriage, kept her with him till 06.03.2025 and made forcibly physical relations with her. When the victim asked the present applicant for marriage, he left her near the road of her village and ran away. Thereafter, the victim filed a complaint and therefore, crime has been registered and filed the charge sheet before the concerned Court. 3. Learned counsel for the applicant would submit that the applicant is innocent person and he has been falsely implicated in the crime in question. He further submits that victim is a major girl and she has made consensual physical relation with the applicant and since the relationship could not be materialised, therefore, she lodged the complaint. He further submits that the applicant is in jail since 29.03.2025 charge-sheet has already been filed, and no criminal antecedents have been reported against the applicant and, as such, the applicant may be enlarged on bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicants and submits that the charge -sheet has already been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Having heard learned counsel for the parties, having regard to the facts & circumstances of the case, particularly considering the fact that victim who is a major girl voluntarily made physical relation with the applicant and when their relationship did not materialise the present FIR has been lodged by her against the applicant, further considering the facts that the applicant is in jail since 29.03.2025; charge-sheet has already been filed; no criminal antecedents has been reported against the applicant and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. Accordingly, the bail application is allowed. 7. Let the Applicant -Sarju Lahre involved in Crime No. 213 of 2025 at the Police Station- Bhatapara Gramin, District- Balodabazar- Bhatapara (C.G.) for the offences punishable under Section Sections 64, 64(2)(m) of the BNS, be released on bail on furnishing 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 their counsel. In case of their absence, without sufficient 4 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, 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 for necessary information and compliance forthwith. - Sd Sd/- Sd/- (Ramesh Sinha) Chief Justice amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.07.01 20:48:41 +0530