1 2025:CGHC:25420 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4594 of 2025 Suryapratap @ Surya S/o Shri Karan Singh Aged About 29 Years R/o Village Amadand, Kaimhapara, Thana Khadgawa, Distt. M.C.B. C.G. ... Applicant versus The State Of Chhattisgarh Through Police Station Khadgawa, Distt. M.C.B. C.G. ... Respondent For Applicant : Mr. Parag Kotecha, Advocate. For Respondent/State : Ms. Monika Thakur, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.06.2025 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. 314 /2024 (wrongly mentioned as 2025 in the order of trial Court) registered at Police Station Khadgawa, District Manendragarh-Chirmiri-Bharatpur (MCB), for the offences punishable under Section 64 (1) of Bhartiya Nyaya Sanhita. 2. Case of the prosecution, in nutshell, is that on 15.11.2024, prosecutrix, who is major girl; aged about 22 years, made a written report stating 2 therein that she was separated with her husband and she was doing work of Labour. It is alleged that on 07.12.2024, when she returned after doing the work of Labour, the applicant committed sexual intercourse with her on the pretext of marriage and thereafter again on 08.12.2024 & 10.12.2024, she committed wrong act with her and, subsequently, the applicant refused to marry her. Based on above facts, present crime has been registered against the applicant and he has been arrested on 15.12.2024 3. Learned counsel for the applicant would submit that the applicant is innocent person and he has been falsely implicated in the crime in question. He further submits that victim is a major girl, aged about 22 years, and she is consenting party to the act of the applicant, as she eloped with the applicant in her own will and made sexual relation with him and it is stated that since the relationship could not be materilized, therefore, she alleged that applicant/accused established physical relation with her on the pretext of marriage. He further submits that the applicant is in jail since 15.12.2024; charge-sheet has already been filed, and no criminal antecedents have been reported against the applicant and, as such, the applicant may be enlarged on bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicants and submits that the charge -sheet has already been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Having heard learned counsel for the parties, having regard to the facts & circumstances of the case, particularly considering the fact that prosecutrix who is a major girl voluntarily eloped with the applicant and made physical relation with him and when their relationship did not materialise the present FIR has been lodged by her against the applicant, further considering the facts that the applicant is in jail since 15.12.2024; charge-sheet has already been filed; no criminal antecedents has been reported against the applicant and conclusion of the trial may take some more time. Therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant Suryapratap @ Surya, involved in Crime No. 314 /2024 (wrongly mentioned as 2025 in the order of trial Court) registered at Police Station Khadgawa, District Manendragarh-Chirmiri-Bharatpur (MCB), for the offences punishable under Section 64 (1) of Bhartiya Nyaya Sanhita, be released on bail on furnishing 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 their counsel. In case of their absence, without sufficient 4 cause, the trial court may proceed against his 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 concerned for necessary information and compliance forthwith. - Sd/- Sd/- (Ramesh Sinha) Chief Justice amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.06.20 16:18:21 +0530