1 2025:CGHC:35852 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5796 of 2025 Shivmangal Singh Alias Bhukhal S/o Sundar Singh, Aged About 40 Years R/o Village Surata, Police Station Ramanujnagar, District- Surajpur (C.G.). ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station Ramanujnagar, District- Surajpur (C.G.) ... Non-applicant For Applicant : Mr. Sajal Kumar Gupta, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.07.2025 1. This is the Second 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. 37/2025 registered at Police Station : Ramanujnagar, District – Surajpur (C.G.) for the offence punishable under Sections 64(1), 351(3) and Section 332(B) of the Bhartiya Nyaya Sanhita, 2023. 2. The earlier bail application of the applicant has been dismissed as withdrawn, after the filing of the charge sheet, new Section 332(B) of the BNS was added, and liberty was granted to file a fresh bail application with the new offence. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.25 20:49:29 +0530 2 3. The case of the prosecution, in brief, is that the applicant is accused of assaulting the complainant on the night of 04.03.2025, when she was sleeping with her children after having dinner, and her husband was not at home. At around 8:30 p.m., the applicant, Shivmangal alias Bhukhal, allegedly entered her hut and started forcing himself on her. He dragged her about 500 meters away from her hut and threatened to kill her. He then forcibly took off her clothes, raped her, and fled from the spot. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the victim is already a married lady with children. He also submits that the present applicant and the victim were having an affair and the victim was a consenting party. He also submits that when the husband of the victim came to know about the fact, the present FIR was lodged against the applicant. He further submits that the present applicant has no criminal antecedents and he has been in jail since 30.03.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the charge sheet has already been submitted before the competent Court in the present case. He further submits that the applicant allegedly dragged the victim about 500 meters away from her hut and threatened to kill her. He then forcibly took off her clothes, raped her, and fled from the spot. Given the gravity of the offence, the applicant is not entitled to the grant of regular bail in the present case. 3 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence, and further the fact that though the allegation against the present applicant is that he forcefully committed rape with the victim, the same does not reflect from the FSL and MLC reports of the victim, as the said reports are stated to be negative, moreover, the charge - sheet has already been submitted before the competent Court in the present case and the applicant is in jail since 30.03.2025 and the trial is likely to take sometime for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case. 8. Let applicant, Shivmangal Singh Alias Bhukhal, involved in Crime No. 37/2025 registered at Police Station : Ramanujnagar, District – Surajpur (C.G.) for the offence punishable under Sections 64(1), 351(3) and Section 332(B) of the Bhartiya 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 4 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. 9. 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 Abhishek