1 (MCRC No. 4156 of 2025) 2025:CGHC:22445 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4156 of 2025 1 - Bijendra Singh S/o Sabhan Singh Aged About 28 Years Occupation - Service, R/o Village - Parshurampur, Police Station And Tahsil - Ramanujnagar, District- Surajpur (C.G.) --- Applicant(s) versus 1 - State Of Chhattisgarh Through - Station House Officer, Surajpur, Surajpur, District- Surajpur (C.G.) --- Non-applicant(s) (Cause title taken from the Case Information System) For Applicant : Mr. Rudra Pratap Dubey, Advocate For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 29.05.2025 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. 184 of 2025 registered at Police Station : Surajpur, District – Surajpur (C.G.) for the offence punishable under Sections 376(2)(n) of the IPC/ Section 69 of the Bharatiya Nyaya Sanhita, ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.05.30 11:01:14 +0530 2 (MCRC No. 4156 of 2025) 2023. 2. The prosecution case, in brief, is that on 13.04.2025, the prosecutrix, who is a 28 years old lady, lodged report at Police Station, Surajpur alleging that the applicant committed sexual intercourse with her several times on the false pretext of marriage but later refused to marry her. On the basis of the above report, the aforesaid offence has been registered against the applicant. 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 the victim is a major lady of 28 years of age, who was having relationship with the applicant and is a willing and consenting party and, therefore, the alleged offence could not be made against the applicant. It is further submitted that the applicant is 28 years of age and has no criminal history. That the applicant is in jail since 14.04.2025 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 before the competent Court 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 3 (MCRC No. 4156 of 2025) case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence and also considering the statement of the victim recorded under Section 164 of the CrPC/ Section 183 of the BNSS, it appears that the victim was having relationship with the applicant since the year 2017 but thereafter their relationship could not materialize and the aforesaid offence was registered against the applicant and further considering that the applicant is in jail since 14.04.2025 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, Bijendra Singh involved in Crime No. 184 of 2025 registered at Police Station : Surajpur, District – Surajpur (C.G.) for the offence punishable under Sections 376(2)(n) of the IPC/ Section 69 of the Bharatiya Nyaya Sanhita, 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 4 (MCRC No. 4156 of 2025) 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. (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!