1 2025:CGHC:23563 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4409 of 2025 Mahtab Ansari S/o Jalaluddin Ansari Aged About 28 Years R/o Vill. Gahnadand (Gopalpur), P.S. Rajpur, District Balrampur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, P.S. Chandora, District Surajpur (C.G.) ... Non-applicant For Applicant : Dr. Sudeep Agrawal, Advocate For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.06.2025 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. 16/2025 registered at Police Station : Chandora, District- Surajpur (C.G.) for the offence punishable under Sections 351(2), 64(M), 81 and 333 of Bharatiya Nyaya Sanhita, 2023 and Section 67 of IT Act. 2. As per the prosecution's story, in brief, is that the applicant forcefully entered the house of the victim and committed rape and also shared whatsapp video of the victim. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 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 the applicant and victim are major persons and they were having mutual relationship with each other therefore she is a consenting party. He further submits that the complainant herself stated no objection before the learned trial Court, if bail is granted to the present applicant. He further submits that the victim has denied the alleged incident and stated that on instruction of local people, she had lodged a false report against the applicant. He also submits that he is in judicial custody since 28.02.2025 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 opposes the bail application of the present applicant and submits that the charge- sheet has been submitted before the competent Court in the present case. He further submits that the present applicant/accused established physical relations with her and also shared whatsapp video of the victim, 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 circumstance of the case, nature and gravity of offence and from the perusal of statement of victim recorded, it appears that the applicant and victim are major persons and they were having mutual relationship with each other and she is a consenting party, further the complainant herself stated no 3 objection before the learned trial Court, if bail is granted to the present applicant and also considering the fact that the charge- sheet has already been submitted in the present case before the competent Court and the present applicant is in jail since 28.02.2025 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. 7. Let applicant, Mahtab Ansari, involved in Crime No. 16/2025 registered at Police Station : Chandora, District- Surajpur (C.G.) for the offence punishable under Sections 351(2), 64(M), 81 and 333 of Bharatiya Nyaya Sanhita, 2023 and Section 67 of IT Act., 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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan