1 2025:CGHC:50457 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1766 of 2025 Bhola Verma S/o Shri Ramesh Verma Aged About 26 Years R/o Ward No. 2, Vidhyanagar Pikri, Police Station And District Bemetara, C.G. ... Appellant(s) versus The State Of Chhattisgarh Through Station House OfÏcer, Police Station Bemetara, District Bemetara, C.G. ... Respondent(s) For Appellant : Mr. Rajkumar Pali, Advocate. For Respondent/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.10.2025 1. The appellant has preferred this Criminal Appeal under Section 14- A(2) of the SC/ST (Prevention of Atrocities) Act, 1989 for setting aside of order dated 19.08.2025 passed by the Special Judge SC/ST Act (Prevention of Atrocities) Bemetara, District- Bemetara (C.G.) and for grant of bail, as he has been arrested in connection with Crime No.436/2025, registered at Police Station- Bemetara, District Bemetara (C.G.) for the offence punishable under Sections 69 of B.N.S. and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. It has been brought to the notice of this Court that, vide order dated KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 25.09.2025, this Court had directed the learned Special Judge (SC/ST (Prevention of Atrocities) Act), Bemetara (C.G.) to transmit the statement of the victim recorded under Section 183 of the BNSS to this Court. 3. In compliance with the aforesaid direction, the learned trial Court has forwarded the statement of the victim recorded under Section 183 of the BNSS in a sealed envelope, which has been duly received by this Court. 4. The case of the prosecution, in brief is that on 09.07.2025, the victim has lodged an FIR against the appellant before the concerned Police Station with the intent that the appellant has made physical relationship with her from 10.06.2025 to 24.06.2025 on the pretext of marriage and thereafter denied to do so and saying that he is already married and having a child. Thereafter, based on the complaint made by the complainant at Police Station Bemetara, First Information Report (FIR) No. 436/2025 was registered against the appellant/accused under Sections 69 of the Bharatiya Nyaya Sanhita (BNS). As the victim belongs to a Scheduled Tribe community, Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act was also invoked. After completion of the entire investigation, the charge-sheet has been filed before the competent Court. Hence this Appeal. 5. Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the present case. It is further submitted that the victim is a major girl, aged about 23 years and she and the appellant were having affair and known to each 3 other since 2020–2021. The victim is a B.Com second-year student and it is contended that she was in a consensual relationship with the appellant. However, when their relationship could not materialize, she lodged an FIR against the appellant, being fully aware that he is a married person. He further submits that there is a delay of about one month in lodging the FIR, for which no satisfactory explanation has been offered. The appellant has been in custody since 15.07.2025, the charge-sheet has already been filed before the competent Court and the conclusion of the trial is likely to take some time. Therefore, the appellant prays for grant of bail. 6. Learned State Counsel submits that, in compliance of the Court’s order dated 10.09.2025 passed by this Court, due notice was served upon the complainant/victim regarding the present bail application. However, despite service of notice, neither the complainant/victim nor any counsel on her behalf has appeared before this Court or filed any objection to oppose the bail application. 7. Learned State counsel submits that from perusal of the victim’s statement recorded under Section 183 of BNSS, it appears that the appellant has established physical relationship with the victim on the pretext of marriage in deceitful manner. Accordingly, the present appellant is not entitled for grant of bail. 8. Taking into consideration the facts and circumstances of the case, nature and gravity of the allegations levelled against the appellant, and further considering the statement of the victim recorded under Section 183 of the BNSS, it is observed that the victim is a major, aged about 23 years and was involved in a physical relationship with 4 the appellant between 10.06.2025 and 24.06.2025, despite being aware that the appellant is a married person and when their relationship could not materialize, she lodged the present FIR against the appellant. It thus appears that the relationship was consensual in nature. In the present case, the charge-sheet has already been filed before the competent Court and the conclusion of the trial is likely to take some time. Accordingly, the order dated 09.07.2025 passed by the learned Special Judge (SC/ST Act), Bemetara, in Special Case No. 11/2025, rejecting the appellant’s application filed under Section 483 of the BNSS, is hereby set aside. 9. Consequently, this appeal is hereby allowed. 10. Let applicant, Bhola Verma, involved in Crime No.436/2025, registered at Police Station- Bemetara, District Bemetara (C.G.) for the offence punishable under Sections 69 of B.N.S. and Section 3(2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, 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 appellant 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 appellant shall remain present before the trial court on each date fixed, either personally or through his counsel. 5 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 appellant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the appellant 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 appellant 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 appellant 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. 11. The OfÏce is directed to return the statement of the victim, which was received from the concerned trial Court in compliance with the directions of this Court, to the said trial Court in a sealed envelop. A certified copy of this order be also sent to the concerned trial Court for its information and necessary compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal