1 2025:CGHC:37750 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5904 of 2025 Ram Singh Kanwar S/o Budhram Singh Kanwar Aged About 30 Years R/o Village Dhangaon, Nevartikara, Ajgarnagar, P.S. Balko District Korba C.G., District : Korba, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Master Police Station Balconagar District Korba C.G., District : Korba, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Nitesh Sahu, Advocate. For Respondent(s) : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31/07/2025 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. 276/2025 registered at Police Station Balconagar District Korba C.G., District : Korba (C.G.) for the offence punishable under Section 64(1) of Bharatiya Nyaya Sanhita (for short ‘BNS’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that the complainant has lodged a report alleging that on the day of Dhanteras in 2024, she had taken her sister-in-law to Ajgahbhawar Hospital. On the same day, around 10-11 PM, Ram Singh Kanwar allegedly dragged her to the forest and committed rape on her. Due to fear of beating and social stigma, she did not disclose the incident to anyone. Subsequently, on April 21, 2025, around 10-11 PM, when she went to the garden to urinate, Ram Singh again appeared, dragged her to the field, and committed rape, which led to the registration of alleged offence against the applicant and subsequently, the applicant was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. It is argued that the victim and the applicant were in a consensual relationship for a considerable period of time. It is further submitted that the medical report does not support the allegations of forced sexual intercourse and there are no visible injuries or signs suggesting any form of coercion or resistance. The applicant is in jail since 26.04.2025, the applicant has no criminal antecedent, charge-sheet has been filed 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 opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant is allegedly committed rape on victim on multiple occasions, the allegations are serious in nature. However, he fairly concedes that the medical 3 examination of the victim does not indicate any injury, and the charge is primarily based on the oral statement of the victim. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Prima facie, it appears that the relationship between the applicant and the victim was consensual in nature. The victim is a major, married woman and no material is available on record to indicate that she was under threat, coercion, or intoxication at the time of the alleged act. Furthermore, the medical report does not corroborate the allegation of forcible sexual intercourse as there are no signs of physical injury or resistance noted. The long-standing relationship between the parties, if any, cannot be ignored at this stage. These facts render the applicant entitled to be enlarged on bail. 7. Considering the totality of circumstances, especially the lack of medical corroboration, the age and status of the victim, and the prima facie consensual nature of the relationship, this Court is of the view that the applicant deserves to be released on bail. 8. Accordingly, the application is allowed. 9. Let the Applicant-Ram Singh Kanwar, involved in Crime No. 276/2025 registered at Police Station Balconagar District Korba C.G., District : Korba (C.G.) for the offence punishable under Section 64(1) of Bharatiya Nyaya Sanhita, 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:- 4 (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, 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. 10. 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 Akhil