1 2025:CGHC:48150 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6839 of 2025 Abhishek Das Mahant S/o Sumeet Das Mahant Aged About 19 Years Occupation- Student, R/o Village- Pandaripani, Kotwarpara, Police Station- Kharsiya, And District- Raigarh (C.G.) ...Applicant Versus State Of Chhattisgarh Through S.H.O. Of Police Station- Kharsiya, And District- Raigarh (C.G.) … Non-applicant For Applicant : Mr. Abhishek Saraf, Advocate. For Non-Applicant/State : Mr. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 18.09.2025 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 applicant who has been arrested in connection with Crime No. 372/2025 registered at Police Station : Kharsiya, District - Raigarh (C.G.) for the offence punishable under Section 69 of the BNS, 2023. 2. The prosecution story in brief is that, on 09-07-2025, the prosecutrix aged about 20 years lodged a written complaint to the Kharsia police VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.19 10:33:19 +0530 2 station, in which alleged that on 19-06-2025, at around 06.00 A.M. Present applicant called the prosecutrix, and took the prosecutrix to Robertson railway station in his Bike. than From Robertson station, he took her to Raigarh by train, applicant kept the prosecutrix with him in his rented house in Raigarh for 03 days and made physical relations with the prosecutrix on the pretext of marriage. Eventually both of them returned Raigarh by train. Applicant got down at Robertson and asked the victim to get down at Kharsia. She could not get down due to the crowd in Kharsia and then the applicant got down at Champa station from there. Then applicant and his elder brother took her away on their bike. Than applicant came to drop her home with his family. In this way, First Information Report of Crime No. 372/2025 Section 69 B.N.S was registered against the accused by Kharsia Police Station, Raigarh. Statement of the victim and witnesses was recorded. the applicant was arrested on 16-07-2025 and charge sheet has been filed in the case. 3. The applicant has been falsely implicated in the alleged offence, as the prosecution story itself demonstrates that the allegations against him are false and frivolous. The prosecutrix, being 20 years of age, was a consenting party, and only when the applicant refused to marry her did she lodge a false FIR. In her first statement before the police, the prosecutrix did not make any allegation against the applicant and specifically stated that he had not committed any crime, a copy of which is annexed as Annexure A/2. Thus, the ingredients of Section 69 of the Bharatiya Nyaya Sanhita, 2023 are not attracted in the present case. The applicant has been in jail since 16.07.2025, the charge sheet has already been filed, and the trial will take considerable time to 3 conclude hence, further detention is unwarranted. The applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with evidence, and he is ready to furnish adequate surety and abide by all directions and conditions that may be imposed by this Hon’ble Court while granting bail, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand learned State counsel State opposed the bail application of the present applicant and submits that the present applicant on the pretext of marriage established physical relationship with the victim, therefore, he is not entitled for grant of regular bail. 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 of the allegations levelled against the applicant, and the fact that the victim, being a major aged about 20 years, was in a consensual relationship with the applicant during which a sexual relationship was established and thereafter, the relationship could not materialize, consequently leading to the lodging of the present FIR, and further taking into account that the applicant has been in custody since 16.07.2025 and that the trial is likely to take some time to conclude, this Court is of the opinion that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Abhishek Das Mahant, involved in Crime No. 372/2025 registered at Police Station : Kharsiya, District - Raigarh (C.G.) for the offence punishable under Section 69 of the BNS, 2023, be released on 4 bail on his furnishing a personal bond with two local sureties in the like amount 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. (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 concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice vaibhav