1 2025:CGHC:30587 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5188 of 2025 Aslam Khan S/o Late Nashim Khan Aged About 33 Years R/o Ward No. 2, Pipra, District Gadhwa, Jharkhand Present Address- Basant Nagar, Bhanupratappur, District North Bastar Kanker, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Police Station Bhanupratappur, District North Bastar Kanker (C.G.) ... Respondent(s) For Applicant(s) : Mr. B.P. Singh, Advocate. For Respondent(s) : Ms. Shubha Shrivastava, Panel Lawyer For Objector : Mr. Gajanand Ratre, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/07/2025 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. 76/2025 registered at Police Station Bhanupratappur, District North Bastar Kanker (C.G.) for the offence punishable under Sections 115(2), 351(2) and 69 of AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the applicant had established physical relationship with the victim on the pretext of marriage from 06.04.2024 to 02.05.2025 and later on refused to marry her, due to which, victim become pregnant, applicant also voluntarily hurt her and threatened her for life, if she tell anyone, which led to the registration of aforesaid offence against the applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that victim is a major girl and they were in a consensual relationship for the last one year and she was a consenting party, when their relationship could not be materialized, present FIR has been lodged by the victim against applicant to harass him. The applicant is in jail since 04.05.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. Learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that though the applicant has no criminal antecedent, but he established physical relationship with the victim on the pretext of marriage and later on refused to marry her, therefore, he is not entitled for grant of bail. 5. Learned counsel for the objector has no objection, if the present 3 applicant is granted bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 04.05.2025, the fact that though the applicant is alleged to have established physical relationship with the victim on the pretext of marriage and later on refused to marry her, but victim is a major girl and they were in a consensual relationship for the last one year and she was a consenting party, when their relationship could not be materialized, present FIR has been lodged, further considering the statement of victim recorded under Section 183 of BNSS and the fact that the objector has no objection, if the present applicant is granted bail, 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, accordingly, the application is allowed. 8. Let the Applicant-Aslam Khan, involved in Crime No. 76/2025 registered at Police Station Bhanupratappur, District North Bastar Kanker (C.G.) for the offence punishable under Sections 115(2), 351(2) and 69 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 he shall not seek any adjournment on the dates 4 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 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil