1 2025:CGHC:8679 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 711 of 2025 Yashwant Nirmalkar S/o Lalaram Nirmalkar Aged About 27 Years R/o Village- Achhoti, Indira Chowk, Police Station- Kurud, District- Dhamtari, C.G. ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station- Telibandha, District- Raipur, C.G. ---- Non-Applicant For Applicant : Mr. Rudra Pratap Dubey, Advocate. For Non-Applicant : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/02/2025 1. This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 841/2024 registered at Police Station Telibandha, District- Raipur (C.G.) for the offence punishable under Section 69 of Bhartiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that on 21.12.2024 (wrongly mentioned as 21.12.2021), the victim lodged report before the Police Station, Telibandha, Raipur, alleging therein that she KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 acquainted with the applicant through Facebook and she informed the applicant that she has two children from her first husband, upon which, the applicant assured her to performed marriage with her and to maintain her children. On 16.06.2024, the applicant visited the matrimonial house of the victim and given assurances for marriage to the victim and on 17.06.2024, the victim and her children went along with the applicant in his house situated at Maulipara, Telibandha, Raipur and since then she was living with the applicant and the applicant has cohabited her on the basis of assurances of marriage. The applicant has also executed an affidavit before the Notary to the effect that he will perform marriage with the victim and maintain her & her children. On 11.10.2024, the applicant left the victim and he went to his Village and searching girl for performing marriage. On the basis of said report, the offence under Section 69 of B.N.S. has been registered against the applicant. 3. Learned counsel for the applicant submit that the applicant is innocent and falsely implicated in the instant case. He further submits that the applicant and the victim acquainted through Facebook, but the victim was not informed the applicant about her marriage & children. On 16.06.2024, the victim called the applicant, upon which, the applicant went to the matrimonial house of the victim and on that day, the victim threatened the applicant for implicating him in criminal case if he will not perform marriage with her. On the basis of said serious threatening, the applicant lived 3 with the victim as live-in-relationship and during this period, the victim blackmailed the applicant and made demand of huge money and also snatched the relevant documents of the applicant, therefore on 19.06.2024, the applicant made written complaint in this regard before the Police Station, 19.11.2024. He further submtis that the victim made a complaint before the Sakhi Van Stop Centre, Khamhardih, Raipur for conducting counseling between her and her matrimonial family members, So that the victim may live in her matrimonial house. On the basis of application of victim, the councilor has conducted counseling and during the course of counseling, the applicant has returned the articles and goods of victim and she has returned the mobile of applicant and she has admitted that she was annoyed, therefore she has burnt the documents of the applicant. Thereafter, she herself came to the house of applicant and she lived in the house of applicant without any fear, protest or duress, on her own will. He further submits that looking to the conduct of the victim, it is clearly evident that she has willing and consenting party, therefore the alleged offence is not made out against the applicant and the present applicant is in jail since 22.12.2024 and in the present case, charge-sheet has been filed before the competent Court and the conclusion of the trial is likely to take some time 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 the applicant has established physical relationship with the victim on 4 the pretext of marriage, 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 22.12.2024 and the fact that the victim is a widow lady and having two children and further from perusal of the victim’s statement recorded under Section 183 of BNSS, it appears that the applicant and the victim were having relationship since long time and it is clearly evident that they are consenting party and in the present case, charge-sheet has been filed before the competent Court and there is no previous criminal antecedent of the applicant therefore, without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. Let the Applicant-Yashwant Nirmalkar, involved in Crime No. 841/2024 registered at Police Station Telibandha, District- Raipur (C.G.) for the offence punishable under Section 69 of Bhartiya Nyaya Sanhita, 2023, 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 5 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 sufÏcient 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 sufÏcient 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