1 2025:CGHC:28792 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4975 of 2025 Praveen Kumar Dahariya S/o Late Kalaram Dahariya Aged About 35 Years R/o Pandripani, Ps Civil Lines Rampur, Korba, Tahsil And Distt.- Korba (C.G.) ... Applicant versus The State of Chhattisgarh Through Police Station Civil Lines Rampur, Distt.- Korba (C.G.) ... Non-applicant For Applicant : Mr. Parag Kotecha, Advocate For Non-applicant/State : Mr. Saumya Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.06.2025 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. 180/2025 registered at Police Station : Civil Lines Rampur, District- Korba (C.G.) for the offence punishable under Section 69 of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution's story, in brief, is that a written report was lodged by the victim on 09.04.2025, aged about 28 years, alleging RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 that she became acquainted with the applicant through Facebook in the year 2024. Subsequently, they exchanged mobile numbers and developed a mutual liking for each other. The applicant proposed marriage to her, and on the pretext of marriage, he allegedly established physical relations with her repeatedly since December 2024. Later, he refused to marry her and blocked her phone number. Based on these allegations, an offence under the aforementioned sections was registered against the applicant. 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 relationship between the applicant and the victim appears to be consensual in nature and continued over a period of time, based on mutual understanding and liking. He further submits that the victim, being a major aged about 28 years, was in regular contact with the applicant through Facebook and mobile communication since 2024. The FIR was lodged belatedly only after the relationship deteriorated and the applicant allegedly refused marriage, indicating that the dispute has arisen due to a failed relationship rather than any criminal intent from inception. There is no material to suggest any coercion or force. He further submits that the applicant is 35 years of age and has been in judicial custody since 16.04.2025 and the conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 3 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 on the pretext of marriage, he allegedly established physical relations with her repeatedly since December 2024. Later, he refused to marry her and blocked her phone number, 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 relationship between the applicant and the victim appears to be consensual in nature and continued over a period of time, based on mutual understanding and liking, further the victim, being a major aged about 28 years, was in regular contact with the applicant through Facebook and mobile communication since 2024, the FIR was lodged belatedly only after the relationship deteriorated and the applicant allegedly refused marriage, indicating that the dispute has arisen due to a failed relationship rather than any criminal intent from inception 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 16.04.2025 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. 4 7. Let applicant, Praveen Kumar Dahariya, involved in Crime No. 180/2025 registered at Police Station : Civil Lines Rampur, District- Korba (C.G.) for the offence punishable under Section 69 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 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. 5 (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