1 2025:CGHC:38497 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6114 of 2025 • Gopal Sahu S/o Dhannu Sahu @ Rajkumar Aged About 26 Years R/o Village- Tarenga, Tahsil/ Thana- Bhatapara Gramin, Distt.- Baloda Bazar- Bhatapara (C.G.) ... Applicant versus • The State Of Chhattisgarh Through Sho, Thana- Bhatapara Gramin, Distt.- Baloda Bazar- Bhatapara (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Samir Singh, Advocate For Respondent/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/08/2025 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. 304/2025 registered at Police Station- Bhatapara Gramin, District-Baloda-Bazar, Bhatapara (C.G.), for the offence punishable under Sections 64, 332 of BNS. 2. Case of the prosecution, in brief, is that the prosecutrix has lodged the written report at police station on 09.05.2025 with the averment VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.07 19:01:53 +0530 2 that on 08.05.2025, the present applicant enter to her house and committed sexual intercourse with her and run away, therefore on the basis of his report, FIR has been registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. It has been argued by learned counsel for the applicant the complainant is a widow lady and having three children, in written report she has stated that the applicant committed rape upon her and threatened her with knife. He further submits that the allegation levelled against the applicant does not collaborate with victim’s MLC report and The applicant is in jail since 01.07.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She further submits that prosecutrix statement recorded under Section 183 of BNSS, in which, she has stated that she is a widow lady and having three children, on the date of incident, applicant entered her house and committed rape upon her and threatened her with knife, therefore, he 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 allegation levelled against the applicant and, he is in jail since 01.07.2025 and the charge-sheet has been filed, considering the fact that the allegation levelled against the applicant does not collaborate with prosecutrix’s MLC report further the 3 conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Gopal Sahu involved in Crime No. 304/2025 registered at Police Station- Bhatapara Gramin, District-Baloda- Bazar, Bhatapara (C.G.), for the offence punishable under Sections 64, 332 of BNS, be released on bail on their 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 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. 4 (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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali