1 2025:CGHC:45651 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7149 of 2025 Chandrahas Dadsena S/o Rohit Dadsena, Aged About 24 Years R/o Rajasevaiya Khurd, Police Station Pithora, District Mahasamund (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Pithora, District Mahasamund (C.G.) ... Respondent For Applicant : Shri Raghvendra Pradhan, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/09/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.114/2025 registered at Police Station Pithora, District Mahasamund (C.G.) for the offence punishable under Sections 69 & 88 of Bhartiya GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.10 11:33:24 +0530 2 Nyay Sanhita. 2. Case of the prosecution, in brief, is that between 12-01-2025 to 13-01- 2025 and thereafter on 18-02-2025, the applicant on the pretext of marriage has committed sexual intercourse with the prosecutrix and when the prosecutrix got pregnant, the applicant given the medicine for abortion, therefore the police registered the crime as mentioned above and filed the charge sheet before the concerned Court. 3. Learned counsel for the applicant submits that the victim is already a married woman and she came in contact with the applicant through instagram in December, 2024 and thereafter they established physical relationship. He would submit that the charge sheet has been filed in this case and the applicant is in jail since 11/08/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. 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 of allegation levelled against the applicant, considering the fact that the victim is already a married woman and she came in contact with the applicant through instagram in December, 2024 and thereafter they established physical relationship, period of detention of the applicant since 11/08/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its 3 conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Chandrahas Dadsena, involved in Crime No.114/2025 registered at Police Station Pithora, District Mahasamund (C.G.) for the offence punishable under Sections 69 & 88 of Bhartiya Nyay Sanhita, be released on bail on his furnishing a personal bond with two 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. (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 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri