1 2025:CGHC:43987 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6459 of 2025 • Devraj Sidar, S/o Uttar Singh, Aged About 22 Years, R/o Chatti Girola, Police Station Saraipali, District Mahasamund, Chhattisgarh. ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station - Saraipali, District - Mahasamund Chhattisgarh ... Non-applicant (Cause title taken from Case Information System) For Applicant : Mr. Jhanendra Kumar Mahilan, Advocate. For State/Non-applicant : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.08.2025 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.107/2025 registered at Police Station Saraipali, District Mahasamund (C.G.) for the offence punishable under Section 69 of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that victim/prosecutrix/complainant lodged a written complaint against the present applicant stating ‘inter alia’ that present applicant and she came in contact in the year 2023. DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA 2 On 19.11.2023, both met for the first time in the scout guide camp at Vrindavan. In the night of 01.01.2024, present applicant forcefully established physical relationship with the her on the pretext of marriage on various occasions at Village Chatti Girola. Thereafter, in August, 2024, he took her to Banglore by saying that they would get marry there and they lived together as husband and wife for 40 days. Subsequently, on 09.05.2025 applicant called the complainant and told her that he will not marry her. Based on above facts, crime has been registered against the present applicant. 3. Learned counsel for the applicant submits that present applicant is innocent and has been falsely implicated in crime in question. He further submits that victim is a major lady and was in contact with the applicant since 2023 and she herself voluntarily accompanied the applicant and also travelled with him to Bangalore, where they have established physical relationship, but when the relationship is not materialized, then she lodged FIR in the year 2025. It is further submitted that charge sheet has already been file and the applicant is in jail since 12.05.2025 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. On the other hand, the learned Panel Lawyer opposes the bail application and submits that the charge sheet has already been filed in the present case before the competent Court. He further submits that statement of prosecutrix/victim has also been recorded under Section 183 of B.N.S.S, 2023, wherein she admitted the fact that present applicant made physical relation with her on the pretext of marriage, 3 but later he denied for the same. As such, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. After hearing the submissions advanced by learned counsel for the parties as well as the fact that both applicant and victim/prosecutrix/complainant are in relationship since, 2023, further considering the fact that she is a major lady. Lastly, considering that FIR has been lodged in the year, 2025 and there is no any criminal antecedent registered against the applicant, charge sheet has already been filed and also considering that he is in jail since 12.05.2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case 7. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Devraj Sidar, involved in Crime No.107/2025 registered at Police Station Saraipali, District Mahasamund (C.G.) for the offence punishable under Section 69 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 4 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice