1 2025:CGHC:2469 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 354 of 2025 Ankit Sagar S/o Shri Labha Sagar Aged About 19 Years R/o Vill- Dhangaon P.S. Pamgarh District - Janjgir - Champa (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through S.H.O. P.S. Pamgarh District - Janjgir- Champa (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Ravindra Sharma, Advocate. For Non-Applicant(s) : Mr. Amit Verma, PaneL Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/01/2025 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. 380/2024 registered at Police Station Pamgarh District - Janjgir- Champa (C.G.) for the offence punishable under Sections 64(2)(f), 127(2), 127(3), 115(2), 3(5) of AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.16 11:48:55 +0530 2 Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that a case has been registered at Pamgarh Police Station under Sections 64(2)(c), 127(2), 127(3), 115(2), and 3(5) of the BNS alleging that the complainant, who lives with her husband and children in Dhangaon village, reported that when she was alone at home on 23.09. 2024, around 1:00 pm, the accused, Ankit Sagar, her stepson from her husband's first marriage, forcibly entered the house, locked the door, and committed rape, he also tied her hands with towel, thereafter, the aforesaid offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has not committed any offence as alleged against him, he has been falsely been implicated by the victim in the present case, only because there was some family dispute between family members. He further submits that the applicant, victim and co-accused, namely, Labha Sagar are members of joint family and they are residing together, therefore, the allegation of forceful entry in the house is not made out. He also submits that the victim is aged about 40 years, she is stepmother of the applicant, further the medical evidence does not corroborate the allegation of committing the said offence. The applicant is in jail since 03.10.202, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the 3 charge-sheet has been filed in the present case. He further submits that the applicant Ankit Sagar, who is stepson of victim has forcibly entered into the house, locked the door, and committed rape on victim, he also tied her hands with towel, therefore, the applicant is not entitled for grant of bail. 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 offence, period of detention of the applicant since 03.10.2024, and the fact that applicant is stepson of victim, who is 40 years old lady and there was some property dispute between them, due to which, the present applicant has been implicated in this case, further the applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant-Ankit Sagar, involved in Crime No. 380/2024 registered at Police Station Pamgarh District - Janjgir- Champa (C.G.) for the offence punishable under Sections 64(2)(f), 127(2), 127(3), 115(2), 3(5) of BNS, 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 4 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 sufÏcient 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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil