1 / 4 2025:CGHC:39971 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5378 of 2025 Omprakash Kashyap S/o Dileep Kumar Kashyap Aged About 21 Years R/o Village Birri, P.S. Birri, Distt.- Janjgir-Champa C.G.. ... Applicant versus State Of Chhattisgarh Through P.S. Civil Line, Bilaspur, District- Bilaspur C.G. ... Non-applicant For Applicant : Mr. Mayank Chandrakar, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer For Objector : Mr. Ankush Soni, Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 08.08.2025 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. 568/2025 registered at Police Station : Civil Line, Bilaspur District – Bilaspur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 126(2), 127(2), 69, 3(5) of BNS 2023. 2. As per the prosecution story an written complaint was made by the victim by stating that she and present applicant known to each other VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.11 14:41:41 +0530 2 / 4 since school days and became friends and subsequently upon pretext of marriage he has committed sexual intercourse with her. It is further stated that thereafter she stopped talking with him but on the date of incident i.e. on 19.05.2025 when she was having diner along with her friends in Hotel Amigos then due to posting of some photographs on social media dispute was arose between them. It was further stated that the present applicant has asked co-accused person to bring her before him near petrol pump and thereafter took her in the rented house of co-accused and then assaulted her and has force fully committed sexual intercourse. That after arresting the accused persons, after completion of investigation concerning police filed the charge sheet before the jurisdictional magistrate. Hence this bail application. 3. The applicant is innocent and has no connection with the alleged crime, and the essential ingredients of the offences are absent in this case. As per the prosecutrix’s own statement under Section 164 CrPC/Section 183 BNSS, she has known the applicant since school days and voluntarily entered into a relationship with him in 2023. Her version of events is improbable, as she alleged being taken to the co- accused’s house without raising any alarm, and was dropped back at her hostel the next day, which contradicts the claim of forcible sexual assault. Both parties are majors, educated, and aware of their actions, with the dispute allegedly arising from photographs uploaded on social media. There is also an unexplained delay in lodging the FIR, further casting doubt on the allegations. The applicant has been in custody since 21.05.2025, is a permanent resident with no risk of absconding, 3 / 4 and is ready to furnish surety and abide by all conditions imposed by this Hon’ble Court, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that present applicant/accused committed forceful sexual intercourse with the victim, therefore, he is not entitled for grant of regular bail. 5. The counsel for the objector has no objection to granting bail to the applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence, and upon perusal of the statement of the victim recorded under Section 164 of the Cr.P.C., it appears that the victim is a major and was in a consensual relationship with the applicant, thereby being a consenting party. Moreover, the charge-sheet has already been submitted before the competent Court, the applicant has been in custody since 21.05.2025, and the trial is likely to take some time for its conclusion. Therefore, this Court is of the opinion that the applicant is entitled to be released on bail in the present case 8. Let applicant, Omprakash Kashyap, involved in Crime No. 568/2025 registered at Police Station : Civil Line, Bilaspur District – Bilaspur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 126(2), 127(2), 69, 3(5) of BNS 2023, be released on bail on 4 / 4 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 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 concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice vaibhav