1 2025:CGHC:46978 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6566 of 2025 1 - Khristofer Minj S/o Charan Minj Aged About 36 Years R/o Vill. Rajkheta, Police Out Post- Wadrufnagar, Police Station Basantpur, Dist. Balrampur- Ramanujganj,Chhattisgarh. 2 - Rajpal Porte S/o Shivratan Porte Aged About 25 Years R/o Vill. Rajkheta, Police Out Post- Wadrufnagar, Police Station Basantpur, Dist. Balrampur- Ramanujganj, Chhattisgarh. ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Out Post- Wadrufnagar, Police Station Basantpur Dist. Balrampur-Ramanujganj, Chhattisgarh ... Non-applicant For Applicants : Mr. Arun Kumar Shukla, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 12.09.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 36/2025 registered at Police Station : Basantpur District – Balrampur- VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.15 11:34:24 +0530 2 Ramanujgaj (C.G.) for the offence punishable under Sections 64,138,115, 70(1) 127(2) & 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, that the complainant/ Prosecutrix lodged a complaint to the P.S. Basantpur, Dist. Balrampur-Ramanujganj on 08/03/2025 alleging that on the date of incident 07/03/2025 at about 5.00 pm she had gone to visit Kharhara sangam in Wadrufnagar with her sisters and village brothers and was taking photographs, at this moment accused persons were came there and started chasing them, then her sister and Ashish fled on the spot and accused thrashed Amit due to which he also fled, thereafter accused Sunil forcibly made her sit on the Scooty and took her towards the forest and raped her. Then the matter was reported to the police station and on the basis of such report a fir has been registered U/s. 64 138 115 3(5) of the Bhartiya Nayay Sanhita against the accused persons and later on 70(1) 127(2) has been added in crime no. 36/2025 in PS Basantpur. 3. The applicants submit that they are innocent and have been falsely implicated in the present case. They had not established any physical relations with the prosecutrix and had only gone to Kharharanala picnic spot, where, upon questioning the victim about her presence late in the evening, a false report was lodged against them under the influence of two intoxicated youths accompanying her. The place of incident was a crowded picnic spot with 40–50 people, making the allegations doubtful. The medical report does not support the prosecution case and is negative, with no FSL examination conducted. The prosecutrix, a 20-year-old major, in her statement under Section 183 BNS, did not allege anything against the applicants and the 3 allegation of rape levelled against co-accused Sunil. There are no previous offences against them, and they have been in custody since 08.03.2025, therefore, he prays for grant of regular bail to the present applicants. 4. On the other hand, learned counsel State counsel opposes the bail application of the present applicants. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and upon perusal of the victim's statement recorded under Section 183 of the BNS, it appears that the allegation of rape has been levelled against the co-accused Sunil, whereas the applicants had only accompanied him to the picnic. Thus, the case of the applicants is distinguishable from that of the said co-accused. Further, considering the fact that the charge-sheet has already been submitted before the competent Court, the applicants have been in jail since 08.03.2025, and the trial is likely to take some time for its conclusion, I am of the considered opinion that the applicants are entitled to be released on bail in the present case 7. Let applicants, Khristofer Minj & Rajpal Porte, involved in Crime No. 36/2025 registered at Police Station : Basantpur District – Balrampur- Ramanujgaj (C.G.) for the offence punishable under Sections 64,138,115, 70(1) 127(2) & 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the Court concerned 4 with the following conditions:- (i) The applicants 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 applicants 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 them 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 them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice vaibhav