1 2025:CGHC:29922 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5098 of 2025 Ram Banjare S/o Hasan Banjare Aged About 38 Years R/o Village- Khamariya, Thana Thakatpur, Distt.- Bilaspur (C.G.) ... Applicant State of Chhattisgarh Through The Station House Officer, Police Station Thakatpur, District- Bilaspur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Awadh Tripathi, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.07.2025 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. 202/2025 registered at Police Station hakatpur, District- Bilaspur, (C.G.) for the offence punishable under Section 64 of the Bhartiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that the victim lodged a report alleging that between 15.02.2025 and 18.04.2025, the applicant approached her near the bus stand and her college, forcibly took her away by threatening her, and committed sexual intercourse with RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 her in a car bearing registration number CG 28 P 9028. The applicant also threatened to release a video if she disclosed the incident to anyone. Based on these allegations, the victim lodged the report on 24.04.2025. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He further submits that the applicant’s parents had a monetary dispute with the victim’s family regarding the purchase of bricks, which led to a quarrel that remained unresolved. Due to this ongoing enmity and inability to settle the matter, the present false report has been lodged against the applicant solely to harass and humiliate him and to satisfy a personal grudge. He also submits that the FSL (Forensic Science Laboratory) report and the medical examination (MLC) does not support the case of the prosecution, and as per the doctor’s opinion, no external or internal injuries were found on the body of the victim and no definite opinion of forceful sexual intercourse has been given. He further submits that the present applicant has no previous criminal antecedent, he is in jail since 30.04.2025. 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 and submits that the charge-sheet has been filed in the present case. She further submits that the applicant approached her and forcibly took her away by threatening her, and committed sexual intercourse with her in a car bearing registration number CG 28 P 9028. The applicant also threatened to release a video if she disclosed the incident to 3 anyone., therefore, the applicant is not entitled for grant of bail. 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 30.04.2025, the fact that the FSL (Forensic Science Laboratory) report and the medical examination (MLC) does not support the case of the prosecution, and as per the doctor’s opinion, no external or internal injuries were found on the body of the victim and no definite opinion of forceful sexual intercourse has been given, further the applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant- Ram Banjare, involved in Crime No. 202/2025 registered at Police Station hakatpur, District- Bilaspur, (C.G.) for the offence punishable under Section 64 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on their 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 4 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. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan