1 2025:CGHC:29145 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4204 of 2025 Mohammad Rehan S/o Zaul Aged About 25 Years R/o Karkali Police Station Kusmi District Balrampur Ramanujganj (Chhattisgarh) ... Applicant versus State Of Chhattisgarh Through Police Station Kusmi District Balrampur Ramanujganj (Chhattisgarh) ... Respondent For Applicant : Shri Rohitashva Singh, Advocate. For Respondent/State : Shri Nitansh Jaiswal, PL. 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 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.22/2025 registered at Police Station Kusmi District Balrampur - Ramanujganj (CG) for the offence punishable under Sections 366, 376(2)(N) of the Indian Penal Code. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.02 18:06:41 +0530 2 2. Case of the prosecution, in brief, is that the prosecutrix lodged written report before police station Kusmi that she used to visit in house of her Aunt(Khala) and during that time she came in contact with accused Rehan and on 05.06.2019 accused proposed her and on pretext of marriage established physical relationship with her, and when she asked for marry accused refused to marry with her, as per the said report crime was registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case. He would submit that the prosecutrix is a major lady and having love affair with the accused and due to some dispute and influence of other person prosecutrix lodged false report against the applicant. He would submit that as per the report incident happened on 05.06.2019 but report was lodged after the delay of 6 years and there is no explanation why delay has been occurred for lodging report. He would submit that as per the statement of prosecutrix she was having affair with the accused and she was consenting party. He would submit that the applicant is in jail since 29/03/2025, charge sheet has been filed and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, considering the fact that the victim is a major girl and the applicant and the victim fell in relationship since 2019 and when the relationship 3 could not materialize, present FIR has been lodged, considering the period of detention of the applicant since 29/03/2025, charge sheet has been filed and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant-Mohammad Rehan, involved in Crime No.22/2025 registered at Police Station Kusmi District Balrampur -Ramanujganj (CG) for the offence punishable under Sections 366, 376(2)(N) of the Indian Penal Code, 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 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 4 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 gouri