1 2025:CGHC:27389 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4806 of 2025 Amit Kumar Anchal S/o Maheshwar Prasad Anchal Aged About 26 Years R/o Village Basin, Thana Dabhra, District Sakti, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station Pamgarh District Janjgir Champa, Chhattisgarh. ... Respondent For Applicant : Shri Chandra Prakash Lahrey, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/06/2025 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.169/2025 registered at Police Station Pamgarh, District Janjgir Champa, Chhattisgarh for the offence punishable under Section 64 (2) (m) of B.N.S. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.25 17:07:07 +0530 2 2. Case of the prosecution, in brief, is that, F.I.R. lodged with Police Station Pamgarh. District - Janjgir Champa, the applicant for period 02/07/2022 to 09/01/2025 has committed sexual intercourse on prosecutrix on pretext of marriage, that she has made written report on 25/04/2025 and based on such report the offences mentioned hereinabove have been registered by the police against the applicant, while arresting him on 27/04/2025, in crime no. 169/2025. Hence this Regular bail application for applicant 3. Learned counsel for the applicant submits that the applicant is young boy of 26 years, and he is innocent and he has been falsely implicated in the present offence. He would submit that the applicant is in love affair with prosecutrix. He would further submit that the prosecutrix has lodged F.I.R. with almost 3 long years and without explanation. He would submit that the incident is of 2/07/2022, whereas the F.I.R. has been lodged very late on 27/04/2025. He would further submit that charge sheet has been filed, there is no criminal antecedents against the applicant, he is in jail since 27/04/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in the present case before the competent court. 5. I have heard learned counsel appearing for the parties and 3 perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, considering the fact that there was relationship between the applicant and prosecutrix since 2022 and F.I.R. has been lodged on 27/04/2025, prosecutrix is a major lady, charge sheet has been filed, period of detention of the applicant since 27/04/2025 and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Amit Kumar Anchal, involved in Crime No.169/2025 registered at Police Station Pamgarh, District Janjgir Champa, Chhattisgarh for the offence punishable under Section 64 (2) (m) of B.N.S., 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. (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 4 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri