1 2025:CGHC:39642 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4896 of 2025 Sayyed Abdul Kalam S/o Sayyed Abdul Kasim Aged About 20 Years R/o Navaparakhurd P.S. - Sakti Tehsil And Distt. Sakti (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer P.S.- Sakti Tehsil And Distt. Sakti (C.G.) ... Non-applicant For Applicant : Mr. Aishwarya Kumar Dubey, Advocate For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer For Objector : Mr. Rohan Kumbhare, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.08.2025 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. 154/2025 registered at Police Station : Sakti, District- Sakti (C.G.) for the offence punishable under Sections 64(2)(M), 351(2) and 115(2) of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution's story, in brief, is that the applicant committed rape on the false pretext of marriage. It is submitted that RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 the applicant and the victim solemnized Nikah and were living together as husband and wife at the applicant’s residence. Following a dispute between them, the present FIR came to be lodged. However, the parties have since reconciled, and the victim is currently residing at the applicant’s home, taking care of his parents. An affidavit affirming that the victim has willingly left her parental home and is residing with the applicant has been annexed herewith as Annexure A/2. 3. Learned counsel for the applicant submits that the applicant is an innocent person who has been falsely implicated in the present case. It is submitted that the victim is a major and that the applicant and the victim were in a consensual relationship and known to each other for a considerable period. However, as they belong to different communities, their relationship and proposed marriage were opposed by the victim’s parents. It is further submitted that the victim has no objection regarding the granting of bail to the present applicant. He also submits that the present applicant has no any criminal antecedents and he is in jail since 14.05.2025 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 applicant committed rape on the false pretext of marriage, therefore, the present applicant is not entitled for grant of regular bail. 3 5. Learned counsel for the objector appeared and expressed no objection before this Court regarding the granting of bail to the present applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the submissions made by learned counsel for the parties, the nature of the allegations, and the fact that the victim is a major girl and was in a consensual relationship with the applicant. It is also noted that there is no allegation of threat or coercion by the applicant, and the victim has no objection to the bail being granted. Further considering that the applicant has no criminal antecedents, the charge-sheet has already been submitted in the present case before the competent Court and the present applicant is in jail since 14.05.2025 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. 8. Let applicant, Sayyed Abdul Kalam, involved in Crime No. 154/2025 registered at Police Station : Sakti, District- Sakti (C.G.) for the offence punishable under Sections 64(2)(M), 351(2) and 115(2) of Bharatiya Nyaya Sanhita, 2023, 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 4 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 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. 9. 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