1 2025:CGHC:40949 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6196 of 2025 Digvijay Das Mahant S/o Sunil Das Mahant Aged About 38 Years R/o Village- Ward No. 07, Krishi Upaj Mandi, Katghora, Police Station- Katghora, District- Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through District Magistrate, Janjgir, District- Janjgir- Champa (C.G.) ... Respondent For Applicant : Shri Dharmesh Shrivastava, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. For complainant : Shri T.K. Jha and Shri Aman Tamboli, Advocates. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/08/2025 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.584/2025 registered at Police Station Janjgir, District Janjgir- Champa for the offence punishable under Sections 64(2)(b), 64(2)(m) [wrongly mentioned as 64(2), 20(2)(m) in the order-sheet], 82(2), 296, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.14 18:34:01 +0530 2 351(3), 115(2) of Bharatiya Nyaya Sanhita 2023 [corresponding sections are:- 376(2)(b)(n), 495, 294, 506 Part- II, 323 of Indian Penal Code]. 2. Case of the prosecution, in brief, is that the complainant/victim lodged a written complaint before Station House Officer, Police Station - Janjgir, District - Janjgir-Champa (C.G.) on 28.06.2025 alleging inter- alia that she is working private job in flyash bricks and horticulture department since last about 4-5 years. She further stated in the application that she met the present applicant Digvijay Das Mahant, a resident of Katghora and Assistant Director at the Janjgir District Panchayat, who was her nodal officer at the time. In the month of December, 2022 while her working at RIPA project. It is alleged that the present applicant was residing in a government quarter whereas the complainant lived in Housing Board Colony, HIG-159 and due to their work, they started conversation with each other through mobile phone. It is further stated that they became acquainted, exchanged mobile numbers and started communicating frequently, eventually developing a romantic relationship. The present applicant began visiting her village home and her rented house in Janjgir, claiming he was unmarried. On 25.02.2023 Digvijay came to her rented house, professed his love, promised marriage and forcibly established physical relations with her. Subsequently, he engaged in physical relations with her multiple times. It is alleged that when the victim pressed him for marriage, he took her to a temple in Bilaspur on 01.06.2025 and married her. The next day on 02.06.2025, she came to know that the applicant was already married person and having his family with wife and child. It is further alleged that consequently, the prosecutrix started living separately and after a 3 few days the present applicant came to her rented house, questioned her trust on him and promised to marry her in an Arya Samaj temple and thereafter on 20.06.2025, he took her to Raipur, kept her in a hotel for two days and on one of those days, under the influence of alcohol, abused and threatened to kill her and her family and physically assaulted her, causing injuries. On 24.06.2025, he took her to an Arya Samaj temple for marriage. On June 25-26, 2025, he brought her to a hotel in Bilaspur, where he called his family members, declared he would not keep her and left with them. Thereafter, the prosecutrix went to her village with her mother, father and brother and thereafter a report was lodged on 28.06.2025. On the basis of written report preferred by the complainant, the police registered First Information Report bearing Crime No. 584/ 2025. 3. Learned counsel for the applicant submitted that the victim was working under the applicant and it is stated that their relationship continued for last 3-4 years and when she came to know about the fact that the applicant is already a married person, present FIR has been lodged. He would submit that the charge sheet has been filed in this case and the applicant is in jail since 28/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel as also learned counsel for the complainant 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 of allegation levelled against the applicant, period of detention 4 of the applicant since 28/06/2025, 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. Accordingly, the bail application is allowed and it is directed that the Applicant- Digvijay Das Mahant, involved in Crime No.584/2025 registered at Police Station Janjgir, District Janjgir-Champa for the offence punishable under Sections 64(2)(b), 64(2)(m)[wrongly mentioned as 64(2), 20(2)(m) in the order-sheet], 82(2), 296, 351(3), 115(2) of Bharatiya Nyaya Sanhita 2023 [corresponding sections are:- 376(2)(b)(n), 495, 294, 506 Part- II, 323 of Indian Penal Code]., 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 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 5 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