1 2025:CGHC:35714 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5775 of 2025 Jagsai @ Guddu S/o Manraj Aged About 26 Years R/o Dabra, Police Chouki- Dabra P.S.- Pasta, District- Balrampur- Ramanujganj (C.G.) ... Applicant versus State of Chhattisgarh Through Police Chouki- Dabra P.S.- Pasta, District- Balrampur-Ramanujganj (C.G.) ... Non-applicant For Applicant : Mr. Akath Kumar Yadav, Advocate For Non-applicant/State : Ms. Saumya Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.07.2025 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. 15/2025 registered at Police Station : Pasta, District- Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 64(2), 127 and 351(3) of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution's story, in brief, is that on 03.05.2025 the prosecutrix lodged a written FIR at Police Station Pasta, alleging that the applicant had forcibly committed sexual intercourse with RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 her. Consequently, Police Station Pasta registered Crime No. 15/2025 for offences punishable under Sections 64(2), 127, and 351(3) of the Bharatiya Nyaya Sanhita, 2023, and thereafter filed a charge-sheet before the learned trial Court. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He submits that the applicant and victim are major persons and the victim was a consenting party. He further submits that the present applicant has been roped in the offence due to enmity. He also submits that there are 06 day delay in lodging FIR without explanations of ordinate of the delay in lodging FIR. He further submits that the present applicant has no any criminal antecedents and he is in jail since 03.05.2025 and the conclusion of the trial may take some time, 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 the charge- sheet has been submitted before the competent Court in the present case. She further submits that the FSL is awaited and the present applicant/accused established physical relations with her, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and from the perusal of statement of victim recorded, it appears that the victim who is a major girl having a 3 consensual relationship with the applicant and she was a consenting party and the charge-sheet has already been submitted in the present case before the competent Court and the present applicant is in jail since 03.05.2025 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Jagsai @ Guddu, involved in Crime No. 15/2025 registered at Police Station : Pasta, District- Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 64(2), 127 and 351(3) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his 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, 4 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 for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan