1 2025:CGHC:38089 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5169 of 2025 Avwesh Tamrakar S/o Nirmal Tamrakar Aged About 29 Years R/o Ward No. 11, Sundar Nagar, Bemetara, Distict- Bemetara (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station-Civil Line, Bilaspur, District-Bilaspur (C.G.). ... Non-applicant For Applicant : Mr. Goutam Khetrapal, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 01.08.2025 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. 634/2025 registered at Police Station : Civil Line, Bilaspur District – Bilaspur (C.G.) for the offences punishable under Section 376(2)(n), of the Indian Penal Code and 69 of the BNS 2023. 2. As per prosecution story in brief, it is alleged that from 10.07.2021 to VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.02 11:47:03 +0530 2 05.06.2025 the applicant has committed sexual intercourse with the prosecutrix, several times, on the false pretext of marriage. The report to the above effect was lodged by the prosecutrix at Police Station, Civil Line, Bilaspur, upon which the aforesaid offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the prosecutrix is a major lady and looking to her conduct, it is evident that the prosecutrix is wiling and consent party, therefore the alleged offence is not made out against the applicant. He further submits that the applicant and prosecutrix have visited together at several places and they have developed physical relation on their own and free will, without any fear, protest or duress. He further submits that is in jail since 16.06.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that applicant has committed sexual intercourse with the prosecutrix several times on the false pretext of marriage, therefore, he is not entitled for grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and the nature of the allegations levelled against the applicant, it is noted that the victim is a major and was in a relationship with the applicant from the year 2021 to 2025. During this period, it is alleged that the applicant 3 established a physical relationship with the victim on the false pretext of marriage. It is further stated that the victim became pregnant during the said period and subsequently took medication, resulting in the termination of the pregnancy. The applicant has been in judicial custody since 16.06.2025. Without commenting on the merits of the case and considering that the trial is likely to take some time for its conclusion, this Court is of the opinion that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Avwesh Tamrakar, involved in Crime No. 634/2025 registered at Police Station : Civil Line, Bilaspur District – Bilaspur (C.G.) for the offences punishable under Section 376(2)(n), of the Indian Penal Code and 69 of the BNS 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. (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 4 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