1 2025:CGHC:35650 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5209 of 2025 1 - Sameer Mandal S/o Gopal, Aged About 29 Years R/o Village Pandavpara, Khond, Police Station And Tahsil Patna, District Koriya (C.G.). ... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Patna, District Koriya (C.G.). ... Respondent(s) For Applicant : Mr. Anil Gulati, Advocate For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23/07/2025 1. The applicant has preferred this First Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 116/2025, registered at Police Station Patna, District- Koriya (CG) for the offence punishable under Section 69 of BNS, 2023. MADHURIMA THAKUR Digitally signed by MADHURIMA THAKUR Date: 2025.07.24 13:39:23 +0530 2 2. The prosecution story in brief, is that on the basis of written report, which was lodged by the victim at Police Station Manipur, District Sarguja, the crime number was registered at Zero and thereafter the same was transferred to the jurisdictional Police Station and as per the averments of the written report, the applicant called the victim to Ambikapur, Bilaspur Chowk and took the victim to his house and on the pretext of marriage, the applicant established physical relationship with the victim and it is further alleged that the applicant not permitted the complainant to go anywhere and on 29.05.2025, somehow she ran away from the clutches of the applicant and on 29.05.2025 the written report was lodged by the victim. On the basis of written report of victim, the applicant has been arrested for the commission of alleged offence. 3. It was argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that a missing report no. 12/2025 was registered at Police Station Patna and on 17.03.2025, the victim was recovered from the house of one Sahdev Rajwade. He also submits that Annexure A/3 is the affidavit sworn by the victim in which she has categorically stated that she has performed the marriage with the applicant on 25.11.2024. The applicant is in jail since 07.06.2025 and the charge sheet has not been presented and the matter is under investigation. Also, the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned counsel for the State opposes the bail application of the applicant and submits that in the present case, charge-sheet has been filed before the competent Court and further the fact that the present applicant has forcefully committed sexual intercourse with the victim on the pretext of marriage and thereafter, he refused to do so. Therefore, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of offence levelled against the applicant and further the fact that the statement of the victim girl recorded under Section 183 of the BNS, it appears that the victim is a major girl aged about 22 years old and further there was a relationship between the applicant and the victim were and it appears to be a consenting party and the fact that the applicant is in jail since 07.06.2025 and the charge-sheet has not been filed, further the conclusion of the trial may take some more time thus, without further commenting anything on merits, I am inclined to grant regular bail to the applicant. 7. Let the Applicant -Sameer Mandal, involved in Crime No.116/2025, registered at Police Station Patna, District- Koriya, (C.G.) for the offence punishable under Sections 69 of BNS, 2023 be released on bail on his furnishing a personal bond with two 4 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bhartiya Nyay Sanhita, 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued and the applicant fail 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 Bhartiya Nyaya Sanhita, 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) 5 opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 BNSS. If in the opinion of the trial court absence of the applicants 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 copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Madhurima