1 2025:CGHC:37691 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5437 of 2025 Neelam Kumar Thakur S/o Pradumn Singh Thakur Aged About 28 Years R/o R.E.S. Colony, Antagarh Quarter No. 4, Tah. - Antagarh, Distt.- North Bastar Kanker C.G. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S. - Antagarh, Distt.- North Bastar Kanker C.G. ... Respondent(s) For Applicant(s) : Mr. Rakesh Kumar Thakur, Advocate For Respondent(s) : Ms. Vaishali Mahilong, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 31/07/2025 1. The applicant has preferred this First Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 16/2025, registered at Police Station Antagarh, District- North Bastar Kanker (CG) for the offence punishable under Sections 376(2)(n) of IPC. 2. The prosecution story in brief is that the prosecutrix has lodged a report in P.S. Antagarh on 03.05.2025 bearing Crime No. 16/2025 2 to the effect that she was married women and took divorce from her husband after one year of marriage and running a tiles shop in Antagarh, whereas applicant herein has open a Cafe and Restaurant besides her shop in the year 2023. She further alleged that she informed the applicant that she is a divorce women but present applicant has shown his love and affection towards her and came to her house on 29.11.2023 at about 11 pm and made sexual relationship with her and thereafter he continuously made relationship with her giving assurance of marriage up to 08.04.2024 but later on he denied to marry with her and blocked her mobile number therefore she has lodged present FIR against the applicant herein for the offence punishable under Section 376 and 376(2)(n) of IPC. Act has been registered by the police of P.S. Antagarh District North Bastar Kanker bearing Crime No. 16/*2025 thereafter they have arrested the applicant on 06.05.2025 and filed the charge sheet against the present applicant for the offence punishable under Section 376(2)(n) of IPC. 3. It was argued by the counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the prosecutrix is aged about 38 years and divorce lady who is running a tiles shop in Antagarh city hence she is able to understand the consequence of relationship she made with applicant, whereas the applicant is aged about 28 years, hence it cannot be said only on the pretext of marriage, the prosecutrix has 3 made such relationship. It is further submitted by the learned counsel for the applicant that the present applicant blocked the phone no. of prosecutrix on 08.04.2024 but she lodged FIR on 03.05.2025. The applicant has no previous criminal antecedents and is in jail since 06.05.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the applicant is not entitled to be released on 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 and gravity of allegation levelled against the applicant, and further the fact that the prosecutrix is aged about 38 years and divorce lady, there was consensual relationship between the applicant and the prosecutrix when the same does not materialise the present FIR was lodged against applicant and there is no criminal antecedent of the applicant and is in jail since 06.05.2025 and the trial is likely to take considerable time for its conclusion, this Court is of the opinion that it is a fit case for grant of regular bail. Accordingly, the bail application deserve to be and is hereby allowed. 7. Let the Applicant- Neelam Kumar Thakur, involved in Crime No. 4 16/2025, registered at Police Station Antagarh, District- North Bastar Kanker, (C.G.) for the offence punishable under Sections 376(2)(n) of IPC. 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 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 5 Bhartiya Nyaya Sanhita, 2023. (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 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