1 2025:CGHC:6603 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 327 of 2025 Abhay Kewat S/o Shri Teerath Kewat Aged About 24 Years R/o Village Parasi, Police Station and Tehsil - Marawahi, District- Gaurela Pendra Marwahi, C.G. … Applicant versus State of Chhattisgarh Police Station Marawahi, District- Gaurela Pendra Marwahi, C.G. ... Non-Applicant For Applicant : Ms. Neeta Tulsani Thawani, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.02.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 268/2024, registered at Police Station - Marawahi, District- Gaurela Pendra MarwahiC.G.) for the offence punishable under Section 69 of Bharartiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that the victim filed a written complaint on 28.11.2024, at the Marwahi Police Station, stating that Abhay Kewat PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.02.06 11:56:47 +0530 2 had been expressing his liking for her since February or March 2024 and had proposed marriage. After initially seeking time to get to know her, Abhay assured her of his intention to marry. The victim accepted his proposal in August 2024 and began discussing their future together, emphasizing her desire to get married without delay. Abhay took her to the Marwahi Rest House on multiple occasions. When she expressed concerns about being recognized, Abhay reassured her that he would introduce her as his wife. On August 31, Abhay took her to Lakhanghat via his village. The applicant/accused claims innocence, alleging false implication in the case. He asserts that their relationship was consensual and based on mutual love. The applicant/accused denies committing any criminal acts against the victim, including deceit, misrepresentation, sexual harassment, sexual assault, or use of criminal force, and claims that all interactions were with her voluntary consent. 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. It is further submitted that the victim is a major lady and had a consensual love affair with the applicant and thereafter, a sexual relationship was established between both of them, but the relationship could not be materialized, hence, she filed the FIR and she is the consenting party. It is also submitted that the applicant has no previous criminal antecedents, the charge-sheet has been filed in this case. The applicant is in jail since 12.12.2024 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. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. It is further submitted that the applicant has committed sexual intercourse 3 with the victim on the pretext of marriage. Therefore, the applicant is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicant and period of detention in jail, and from the perusal of the statement, it transpires that the victim is a major lady and had a consensual love affair with the applicant, thereafter, a sexual relationship was established between both of them, but the relationship could not be materialized, hence, she filed the FIR and she is the consenting party and further the fact that the applicant has no previous criminal antecedents, charge-sheet has been filed in the present case and the applicant is in jail since 12.12.2024 and the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let the applicant - Abhay Kewat involved in Crime No. 268/2024, registered at Police Station - Marawahi, District- Gaurela-Pendra-Marwahi (C.G.) for the offence punishable under Section 69 of Bharartiya Nyaya Sanhita, 2023, 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 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 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 concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Preeti