1 2025:CGHC:34937 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5722 of 2025 • Gajendra Sethiya S/o Ishvar Sethiya Aged About 28 Years R/o Village - Kuruspal, P.S. - Nagarnaar, District - Bastar (C.G.) ... Applicant versus • State Of Chhattisgarh Through - The Police Station Kotwali, District - Bastar (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Pravin Kumar Tulsyan, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/07/2025 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.224/2025 registered at Police Station Kotwali, District Bastar (C.G.) under Section 69 of BNS. 2. Case of the prosecution is in a nutshell that, the victim has lodged the FIR against the present applicant alleging that the applicant has been committed sexual intercourse with her on the pretext of marriage, and thereafter refused to marry her. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.24 10:39:18 +0530 2 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the victim is a major lady and she is a consenting party. The applicant and victim was in a relationship since last two years and applicant is in jail since 20.06.2025, the applicant has no criminal antecedent 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 State Counsel appearing for the respondent/State opposes the bail application. 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, nature and gravity of offence, period of detention of the applicant since 20.06.2025 and the fact that the victim is a major lady aged and she is a consenting party, further the applicant has no criminal antecedent, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Gajendra Sethiya, involved in Crime No.224/2025 registered at Police Station Kotwali, District Bastar (C.G.) under Section 69 of BNS.., be released on bail on his furnishing 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. 3 (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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali