1 2025:CGHC:30192 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5156 of 2025 • Sagar Saroj S/o Jagdish Saroj Aged About 25 Years R/o Ward No. 17, Resident Canteen Dafai, Chirmiri, Hardibadi, Thana Chirmiri, District M.C.B. (C.G.) ... Applicant versus • State Of Chhattisgarh Through - Police Station - Chirmiri, District Koriya (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Vikas Kumar Pandey, Advocate For Respondent : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/07/2025 1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.103/2025 registered at Police Station-Chirmiri, District Koriya (C.G.) for the offences punishable under Sections 69, 296, 351(2) of BNS. 2. Case of the prosecution, in brief, is that the prosecutirx has lodged FIR against the applicant stating that the applicant has committed sexual intercourse with her between 22.08.2024 to 25.05.2025, on VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 the pretext of marriage at various places but refused to marry therefore she has lodged the FIR against the applicant on 30.05.2025. 3. Learned counsel for the applicant would submit that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the victim is a major lady and she is a consenting party. The applicant is in jail since 30.05.2025, the applicant has no criminal antecedent and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 30.05.2025 and the fact that the victim is a major lady and she is a consenting party, further the applicant has no criminal antecedent, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant- Sagar Saroj, involved in Crime No.103/2025 registered at Police Station-Chirmiri, District Koriya (C.G.) for the offences punishable under Sections 69, 296, 351(2) of BNS, 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 she shall not seek any adjournment on the dates fixed for evidence 3 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 them under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. 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 174-A of the Indian Penal Code. (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 313 Cr.P.C. 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 them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali