1 2025:CGHC:44300 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6921 of 2025 Gyani Singh S/o Late Raghunath Singh Aged About 24 Years R/o Bhouri, Police Station- Ranka, District : Gadhwa (Jharkhand) --- Applicant versus State Of Chhattisgarh Through Police Station Balrampur, Distt. - Balrampur- Ramanujganj, Chhattisgarh ... Respondent For Applicant : Mr. Rahul Mishra, Advocates For Respondent-State : Ms. Laxmeen Kashyap, P.L. Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 01/09/2025 1. Applicant has filed this second bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 12/2024 registered at Police Station – Balrampur, District – Balrampur – Ramanujganj (C.G.) for offence punishable under Sections 376, 506 of the Indian Penal Code. 2. Case of prosecution in brief is that while victim was sleeping in the house of one Santosh Mistri along with children of Santosh, applicant entered into the house and committed forceful sexual intercourse with her. Report was lodged to the concerned police station, based upon which, applicant has been arrested on 29.02.2024. BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.09.02 14:27:09 +0530 2 3. Learned counsel for applicant submits that applicant has been falsely implicated in this case. He has not committed any offence as alleged. It is also contended that victim has now been examined and there are serious contradiction and omission in her statement. Applicant is in jail since 29.02.2024, trial may take some time for its conclusion. Hence, applicant may be enlarged on bail. 4. On the other hand, learned State counsel opposes the bail application and the submission made by learned counsel for the applicant. 5. I have heard learned counsel for the parties and perused the documents enclosed along with bail application. 6. Considering the facts and circumstances of the case and submission of learned counsel for respective parties, period of detention, without commenting anything on merits of the case, I am inclined to allow this application. 7. Accordingly, bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that- (a) The applicant shall file an undertaking to the effect that she 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. (b) The applicant shall remain present before the trial court on each date fixed, either personally or through him counsel. In case of her absence, without sufficient cause, 3 the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (c) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (d) 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 her in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Parth Prateem Sahu) JUDGE Balram