1 2025:CGHC:29126 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4297 of 2025 Bahadur Singh Meravi S/o Sukkal (Wrongly Mentioned As Sukal In The Order Sheet) Aged About 31 Years R/o Village Anjana, Police Station Jhalmala, District Kabirdham Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Mahila Thana Kawardha, District Kabirdham Chhattisgarh … Non-applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. For Objector : Mr. Rishikant Mahobia, Advocate. Hon’ble Shri 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. 27/2025 registered at Police Station : Mahila Thana Kawardha, District – Kabirdham (C.G.) for the offence punishable under Section 64(2)(m) & 318(4) of the Bhartiya Nyaya Sanhita, 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.01 18:13:07 +0530 2 2. That, the case of the prosecution in brief is that on 16.05.2025 the complainant/victim lodged a written complaint before Station House Officer, Police Station - Mahila Thana Kawardha, District - Kabirdham (C.G.) alleging inter-alia that the present applicant Bahadur Singh Meravi, a resident of Village Anjana, Police Station Jhalmala, lured her with false pretext of marriage and made physical relations with her at various places from 16.02.2023 to 24.04.2025. Additionally, he defrauded her of Rs. 6 lakh under the pretext of securing her a job and is now marrying another woman. On the basis of written report preferred by the complainant on 16.05.2025, the First Information Report bearing Crime No. 27/2025 for the offence punishable under Section 64(2)(m), 318(4) of Bharatiya Nyaya Sanhita, 2023 was registered in Police Station Mahila Thana, Kawardha, District Kabirdham (C.G.) and investigation was initiated. During course of investigation, the victim was sent to District Hospital Kawardha for medical examination where the doctor found no sign of recent use of forceful or forced penetration of vagina or anus. The police seized articles and documents, arrested the present applicant, get statement under Section 183 of Bharatiya Nagarik Suraksha Sanhita, 2023 of the complainant/prosecutrix, charge-sheet has not been filed and matter is being investigated by the police of Police Station Mahila Thana, Kawardha, District Kabirdham (C.G.). 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He submits that no offence has been committed by the present applicant but both the parties are well educated and the relationship 3 was made between them with the consent of both the parties and the present applicant has also committed as offence under Section 64(2) (m) of BNS 2023. He further submits that the prosecution is taken as it is, then also the report was lodged by victim on 16.05.2025 alleging inter-alia that physical relationship was made on false pretext of marriage from 16.02.2023 to 24.04.2025, there is inordinate delay of abut 2 years and 3 months from the first date. He further submits that the present applicant has been in jail since 17.05.2025 and the conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel State as well as learned counsel for the objector opposed the bail application of the present applicant and submits that the present applicant on the pretext of marriage established physical relationship with the victim and thereafter denied, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of the allegations levelled against the applicant, and the fact that the victim, who is a major, was in a consensual relationship with the applicant during which a sexual relationship was established, and thereafter, their relationship could not materialize consequently leading to the lodging of the present FIR by the victim on the ground that the applicant is demanding Rs. 6 lakh from her on the pretext of providing her with a job and further considering that the applicant has been in jail 4 since 17.05.2025 and that the trial is likely to take some time to conclude, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Bahadur Singh Meravi, involved in Crime No. 27/2025 registered at Police Station : Mahila Thana Kawardha, District – Kabirdham (C.G.) for the offence punishable under Section 64(2)(m) & 318(4) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his 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 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, 5 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 forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice vaibhav