1 2025:CGHC:2789 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 402 of 2025 Mohammad Aslam S/o Munna Aged About 27 Years R/o Dhanuhar Para, Purani Basti, Police Station Kotwali, Korba, Tehsil And District Korba Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Police Station Kotwali, Korba Chhattisgarh ... Non-Applicant(s) For Applicant(s) : Mr. Anshul Tiwari, Advocate. For Non-Applicant(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/01/2025 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. 691/2024 registered at Police Station Kotwali, Korba (C.G.) for the offence punishable under Sections AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 333, 296, 115(2), 351(2) and 69 of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, victim met applicant through social media platform in year 2022 and since then they were in a love relationship, it has been alleged that the applicant on pretext of marriage has been indulged in a sexual intercourse with the victim forcefully multiple times from April, 2022 to 30.10.2024. It has also been alleged that when the complainant asked applicant for marriage, at that time he has denied for marrying her and later on has entered into the house of victim and has threatened to kill her if she made a complaint against him of rape, thereafter, the aforesaid offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that victim is aged about 21 years, she was a consenting party, victim was in consensual relationship with the applicant since 2022. He also submits that victim was in a relationship with the applicant from April 2022 to October 2024, and if such an act had indeed occurred as alleged, it is reasonable to expect that she would have raised an alarm at that time. The applicant is in jail since 12.11.2024, 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 appearing for the respondent/State opposes the bail application and submits that the 3 charge-sheet has been filed in the present case. She further submits that the applicant had established physical relationship with victim from April 2022 to 30.10.2024 on the pretext of marriage and also threatened her to kill, if she made any complaint against him, therefore, the applicant is not entitled for grant of bail. 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 12.11.2024, the fact that victim is aged about 21 years and she was a consenting party, she had been in consensual relationship with the applicant since 2022 and when their relationship could not be materialized, she lodged the present FIR against the applicant with the intention to harass him, also considering the statement of victim recorded under Section 183 of BNSS, the applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant-Mohammad Aslam, involved in Crime No. 691/2024 registered at Police Station Kotwali, Korba (C.G.) for the offence punishable under Sections 333, 296, 115(2), 351(2) and 69 of BNS, 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 4 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 sufÏcient 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 sufÏcient 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. OfÏce 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