1 2025:CGHC:32045 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4378 of 2025 • Meenkaten Pav @ S/o Rambhajan Pav Aged About 27 Years R/o Village Bansiya Jutmil P.S. Jutmil Tehsil District - Raigarh (C.G.) ... Applicant versus • State of Chhattisgarh Through District Magistrate District Raigarh (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Ankit Singh, Advocate For Respondent : Mr. Hariom Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/07/2025 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. 85/2025 registered at Police Station Pusore, District-Raigarh (C.G.), for the offence punishable under Sections 69 of BNS. 2. As Per the Prosecution Story, that the victim was introduced to the accused in the year 2024 through Facebook. After that, they both kept talking and they both started liking each other. The VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 accused used to tell the victim that he would marry her. On 06.04.2025, the accused came to the victim's village in a wedding procession and went to the victim's house and forcibly had physical relations with her by saying that he would marry her. The victim's brother came home and caught the accused in the room and when a panchayat was held in the village regarding the above incident, the accused refused to marry her. On the basis of the written complaint of the victim regarding the above incident, FIR No. 85/2025 under Section 69 of the Indian Penal Code was registered against the accused in Jutmil police station and the case was taken into investigation. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the present applicant and the victim were in a relationship and she was consenting party and as per doctor opinion, there is no any sign of recent forceful intercourse and also there was no injury found on the body of prosecutrix. The applicant is in jail since 07.04.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has no previous criminal antecedent. She further submits that looking to the conduct of the applicant, he is not entitled for grant of regular bail. 3 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, nature and gravity of allegation levelled against the applicant and victim were in a relationship and she was consenting party and as per MLC report doctor has clearly given his opinion is that “After all examination we find no injury seen over body and no any sign of recent forceful sexual intercourse, Hymen Old Rupture”. The applicant is in jail since 07.04.2025 and the fact that the applicant has no previous criminal antecedents, charge-sheet has been filed, further the 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. 7. Let the applicant – Meenkaten Pav, involved in Crime No. 85/2025 registered at Police Station Pusore, District-Raigarh (C.G.), for the offence punishable under Sections 69 of BNS, be released on bail on their 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. 4 (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, 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali