1 2025:CGHC:45081 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5478 of 2025 Umesh Dewangan S/o Menkumar Dewangan Aged About 28 Years R/o Village - Birejhar, Police Chowki Anjora, Police Station- Pulgaon, District- Durg, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through District Magistrate, District Rajnandgaon C.G. ... Respondent For Applicant : Shri Anmol Sharma, Advocate. For Respondent/State : Shri Nitansh Jaiswal, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/09/2025 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.85/2025 registered at Police Station Somni, District - Rajnandgaon (C.G.) for the offence punishable under Sections 69 & 89 BNS, 2023. 2. Case of the prosecution, in brief, is that on 06.05.2025 the prosecutrix aged about 22 years lodged a written complaint against the present applicant stating that she knew the present applicant for past four GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.04 18:02:28 +0530 2 years and they used to talk over phone. Further stated that the present applicant used to visit her home also. It is alleged in the complaint that when her father went to his paternal village at Gunderdehi in month of December 2024, the present applicant on 01.01.2025 at about 9 PM came to her house and ravished her on pretext of marriage and thereafter it is further alleged that till 15.01.2025 the present applicant has committed sexual intercourse. It is further alleged that due to said act she became pregnant and the present applicant administered medicine causing miscarriage. Therefore, against the present applicant on the basis of the said written compliant the police authorities registered a FIR against the present applicant for the abovementioned sections and arrested the present applicant on 07.05.2025 and was sent in to judicial custody. After completion of the investigation the police authorities have filed charge sheet for the offence as mentioned above in the application. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the prosecutrix is a major lady aged about 22 years and she in her own statement has accepted the fact that she knew the present applicant for four years and the present applicant used to visit her house also and further there is considerable amount of delay in lodging the FIR which has not been explained by her as the date of incident is from 01.01.2025 to 15.01.2025 and the complaint was given on 06.05.2025. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 07/05/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, perused the statement of the victim under Section 183 BNSS, considering the fact that victim is a major girl aged about 22 years and she in her own statement has accepted the fact that she knew the present applicant for the last four years and the present applicant used to visit her house also and they developed consensual relationship, further the fact that date of incident is from 01.01.2025 to 15.01.2025 and the FIR has been lodged on 06.05.2025, period of detention of the applicant since 07/05/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Umesh Dewangan, involved in Crime No.85/2025 registered at Police Station Somni, District - Rajnandgaon (C.G.) for the offence punishable under Sections 69 & 89 BNS, 2023, 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 4 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. 8. 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 gouri