1 2025:CGHC:44993 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7046 of 2025 Rajesh Kumar Narang Son Of Bharat Lal Narang Aged About 28 Years Resident Of Village Dullapur, Chowki, Beladula, P.S. Sarsinwa, District- Sarangarh- Bilaigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through, Station House Officer, Police Station Sarsinwa, District- Sarangarh, Bilaigarh (C.G.) ... Non-applicant(s) For Applicant : Ms. Ritika Verma, Advocate. For Non-Applicant : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/09/2025 1. This is the first bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 193/2025 registered at Police Station Sarsinwa, District- Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 64, 64(2)(m), 69 and 351(2) of BNS. 2. Case of the prosecution, in brief, is that on 20.06.2025, the victim lodged report at Police Station, Sarsinwa with the effect that on 01.02.2024, the applicant has administered cold-drink her and committed sexual intercourse with her on his house at Village Dullapur and thereafter on several times, the applicant has committed sexual intercourse with her on the pretext of marriage till KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 October, 2024 and thereafter the applicant denied to marry her. On the basis of said report, the alleged offences have been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the first information report has been lodged after more than 1 year, only for falsely implicating the present applicant. Nowhere the victim has alleged that the applicant has forcefully developed physical relationship with her. He further submits that the applicant is pursuing his I.T.I. training in I.T.I. Centre, Bhatgaon- Bilaigarh and he is also preparing for competitive examination for obtaining government job and further the victim is a is major lady. She had inclination towards the applicant and had willingly developed physical relationship with the applicant. The applicant had been giving her assurance of the fact that he would get married to her. The physical relationship between the parties had clearly developed with the consent of the victim, as there was neither a case of any resistance, nor had she raised any complaint anywhere at any time and the applicant is in jail since 21.06.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that from perusal of the victim’s statement recorded under Section 183 of BNSS, it transpires that the applicant has established physical relationship with the victim on the pretext of marriage and thereafter, 3 threatened to maker her video viral if she tell anything about the said incident to anyone, hence he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 21.06.2025 and also considering the victim’s statement recorded under Section 183 of BNSS and further the fact that the victim is a major lady and both of them were in love affair since long time and had engaged in physical relationship and when their relationship could not be materialized, she lodged an FIR against the applicant and in the present case, charge-sheet has been filed before the competent Court, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant- Rajesh Kumar Narang, involved in Crime No. 193/2025 registered at Police Station Sarsinwa, District- Sarangarh- Bilaigarh (C.G.) for the offence punishable under Sections 64, 64(2) (m), 69 and 351(2) of BNS, be released on bail on his furnishing a personal bond with two local 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. 4 (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 for necessary information. Sd/- (Ramesh Sinha) Chief Justice Kunal