1 2025:CGHC:44998 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7018 of 2025 Salikram Joshi S/o Bakhariya Joshi Aged About 75 Years R/o Vill.- Khapri, Lauda, P.S. And Tah. Pathariya, Distt.- Mungeli (C.G.) ... Applicant versus State of Chhattisgarh Through- P.S.- Pathariya, Distt.- Mungeli (C.G.) ... Non-applicant For Applicant : Mr. Anchal Kumar Matre, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 03.09.2025 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. 114/2025 registered at Police Station : Pathariya, District – Raipur (C.G.) for the offence punishable under Section 64(2) and Section 69 of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case, in brief, is that the applicant is alleged to have sexually exploited the victim (a deserted lady) and to have committed sexual intercourse with her on the pretext of marrying her for more than one year. The victim allegedly became seven months pregnant from the applicant. When she asked the applicant to marry her, he refused, which ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.04 12:13:32 +0530 2 resulted in the filing of a written complaint by the victim on 29.05.2025. Subsequently, FIR No. 114/2025 was registered under Sections 64(2) (m) and 69 of the BNS, pursuant to which the applicant was arrested on 30.05.2025. 3. Learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in this case. He submits that the victim is a major and deserted lady who had earlier left her two husbands and was residing in her paternal home. By any stretch of imagination, it cannot be said that the victim was duped on the pretext of marriage. He further submits that the victim herself has admitted that she is a married woman, aged about 26 years, who was living separately from her husband and also has a girl child aged about 8 years. In such circumstances, the law does not permit her to contract another marriage without obtaining a divorce from her subsisting marriage. Therefore, the allegation that she was duped on the pretext of marriage is unsustainable. It is further submitted that the present applicant is an elderly person, aged about 75 years, and has never committed the alleged offence. He also submits that the present applicant has no criminal antecedents and he is in jail since 30.05.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the present applicant established a physical relationship with the victim on the pretext of marriage and thereafter denied it. She also submits that according to the medical report dated 24.06.2025 of the victim, she is 7 months pregnant, and therefore, the applicant is not entitled to the grant of 3 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 and gravity of the offence, and from perusal of the statement of the victim recorded under Section 183 of the BNSS, it appears that the alleged incident took place 1–2 years prior. Though allegations of rape have been levelled against the applicant and the victim is stated to be about seven months pregnant, no DNA report is available to substantiate the said allegation. Moreover, the applicant is an elderly person aged about 75 years and has no criminal antecedents and the charge-sheet has been submitted before the competent Court in the present case and the applicant has been in jail since 30.05.2025 and the trial is likely to take sometime for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Salikram Joshi, involved in Crime No. 114/2025 registered at Police Station : Pathariya, District – Raipur (C.G.) for the offence punishable under Section 64(2) and Section 69 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 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 forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek