1 2025:CGHC:29568 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5028 of 2025 Nilchandra Baghel @ Nilchandra S/o Late Baldev Baghel Aged About 27 Years R/o Village Gadiya P.S. Lohandiguda, District Bastar (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Bandaji, District Bastar (C.G.) …Non-applicant For Applicant : Mr. Pravin Kumar Tulsyan, Advocate. For Non-Applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 01.07.2025 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. 16/2025 registered at Police Station : Bandaji, District – District - Bastar (C.G.) for the offence punishable under Section 64 & 64(2)(m) of the Bhartiya Nyaya Sanhita, 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.02 18:37:30 +0530 2 2. As per case of the prosecution is that the victim has lodged the F.I.R. against the present applicant alleging that the applicant has been committing forceful sexual intercourse with her on the false pretext of marriage due to which she became pregnant. The Police have arrested to the applicant and filed the charge sheet in competent court of law. 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 victim was resided with the present applicant for a sufficient amount of time and when she went for delivery of child, she did not come in the house of applicant. Her parents directly came in the house of parents of the applicant and where some dispute has been arise between them, thereafter without contacting to the applicant on the basis of false allegation lodged the FIR. He further submits that the present applicant has been in jail since 10.04.2025 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 State opposes the bail application of the present applicant and submits that the present applicant on the pretext of marriage established physical relationship with the victim and thereafter denied, 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 circumstances of the case, the nature of the 3 allegations levelled against the applicant, and the fact that the victim, who is a major, was in a consensual relationship with the applicant during which a sexual relationship was established, and thereafter, their relationship could not materialize, consequently leading to the lodging of the present FIR, and further considering that the applicant has been in jail since 10.04.2025 and that the trial is likely to take some time to conclude, I am of the opinion that the applicant is entitled to be released on bail in this case.. 7. Let applicant, Nilchandra Baghel @ Nilchandra, involved in Crime No. 16/2025 registered at Police Station : Bandaji, District – District - Bastar (C.G.) for the offence punishable under Section 64 & 64(2)(m) of the Bhartiya 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 4 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 forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice vaibhav