1 2025:CGHC:39973 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5366 of 2025 Vishnu Pathari S/o Ramratan Pathari Aged About 31 Years R/o Village Lai Police Station Podi, District Manendragarh-Chirmiri-Bharatpur (C.G.) ...Applicant Versus State Of Chhattisgarh Through Police Station Baikunthpur, District Koriya (C.G.) … Non-applicant For Applicant : Mr. Prashant Sahu, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. 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. 190/2025 registered at Police Station : Baikunthpur, District - Koriya (C.G.) for the offence punishable under Section 69 of the BNS, 2023. 2. As per case of the prosecution is that the the victim and the accused were introduced to each other through mobile phone in March 2025. On 06.03.2025 at around 05:00 pm, the accused Vishnu Pathari alias 2 Vishnu Marco went to the victim's house and told the victim's mother that he was coming to see the victim for marriage and stayed at the victim's house. On 07.03.2025, the victim's mother and brother went to village Chirmi and the victim was alone at home. The accused had physical relations with the victim several times from 07.03.2025 to 08.04.2025, telling her that he had spoken to her mother about marriage and that he would keep her as his wife. The accused took the victim to his village Lai Nalko and had physical relations with her there as well. The accused had physical relations with the victim several times from 07.03.2025 to 08.04.2025 by luring her with marriage. 3. The applicant is completely innocent, and the allegations against him are false, baseless, and motivated by malice. The investigation is substantially complete, and his further custodial interrogation is unnecessary. The case arises from a consensual relationship between two adults, with no coercion, threat, or force involved. Even as per the prosecution’s version, the prosecutrix voluntarily accompanied the applicant and stayed with him, indicating consent. The applicant was arrested on 06.06.2025 and has been in custody for over a month. He has no prior criminal record, is a law-abiding citizen, and is ready to cooperate with the trial without seeking unnecessary adjournments and that the trial is likely to take some time to conclude, I am of the opinion that the applicant is entitled to be released on bail in this case. 4. On the other hand learned State counsel State opposed the bail application of the present applicant and submits that the present applicant on the pretext of marriage established physical relationship with the victim, therefore, he is not entitled for grant of regular bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of the allegations levelled against the applicant, and the fact that the victim, being a major aged about 25 years, was in a consensual relationship with the applicant during which a sexual relationship was established and thereafter, the relationship could not materialize, consequently leading to the lodging of the present FIR, and further taking into account that the applicant has been in custody since 06.06.2025 and that the trial is likely to take some time to conclude, this Court is of the opinion that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Vishnu Pathari, involved in Crime No.190/2025 registered at Police Station : Baikunthpur, District - Koriya (C.G.) for the offence punishable under Section 69 of the BNS, 2023, be released on bail on his furnishing a personal bond with two local 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 4 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 send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice vaibhav