1 2025:CGHC:45984 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7187 of 2025 Pawan Sidar S/o Digree Lal Sidar Aged About 20 Years R/o- Village Kantahardi P.S.- Kotra Road Raigarh District- Raigarh (C.G.) ...Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station- Kotra Road Raigarh District- Raigarh (C.G.) … Non-applicant For Applicant : Mr. Sanjay Agrawal, Advocate. For Non-Applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 09.09.2025 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. 262/2025 registered at Police Station : Kotra Road District - Raigarh (C.G.) for the offence punishable under Section 69 of the BNS, 2023. 2. As per the story of the prosecution that the prosecutrix lodged first information report on 13/06/2025 alleging that she met the applicant on 17/04/2022 at wedding of her relative, thereafter they both shared their VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.10 11:57:35 +0530 2 mobile with each other and started taking, on 24/09/2024 the applicant called the prosecutrix at her relative house and then took her to his house at village Kantahardi where on the pretext of marriage he committed sexual intercourse with the prosecutrix. Thereafter at several other times the applicant committed sexual intercourse with the prosecutrix, but when the prosecutrix asked the applicant about marriage he denied on account of which the prosecutrix lodged the report against the applicant. 3. The applicant is innocent and has been falsely implicated, as the allegations are baseless, malicious, and an afterthought. The prosecutrix, being a consenting party, did not lodge any report for two years, and only after a dispute did she file the present complaint, which lacks merit. There is no documentary evidence regarding abortion or any proof of forceful intercourse, and the medical report does not support the prosecution story as no injuries were found. The prosecutrix is a major, while the applicant is a 20-year-old student with no criminal background, and his future would be adversely affected if kept in custody. The applicant is a permanent resident with no chance of absconding and is willing to furnish adequate security and comply with all conditions imposed by this Hon’ble Court therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel State opposed the bail application of the present applicant and submits that the present applicant on the pretext of marriage established physical relationship with the victim, therefore, he is not entitled for grant of regular bail. 3 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 of the allegations levelled against the applicant, and from perusal of the statement of the victim recorded under Section 183 of the BNSS, and the fact that the victim, being a major girl, was in a consensual relationship with the applicant during which a sexual relationship was established and thereafter, the relationship could not materialize, consequently leading to the lodging of the present FIR, and further taking into account that the applicant has been in custody since 19.06.2025 and that the trial is likely to take some time to conclude, this Court is of the opinion that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Pawan Sidar, involved in Crime No. 262/2025 registered at Police Station : Kotra Road District - Raigarh (C.G.) for the offence punishable under Section 69 of the BNS, 2023., be released on bail on his furnishing a personal bond with two local 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. (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. 4 (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 vaibhav