1 2025:CGHC:49391 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7782 of 2025 Prabhat Sidar S/o Hemsagar Sidar, Aged About 20 Years R/o - Ward No. 10, Near Play Ground, Kirodimal Nagar, Raigarh, P.S. - Kotra-Road, Tahsil And District - Raigarh Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, P.S. - Kotra-Road, Raigarh, District - Raigarh (C.G.) ... Non-applicant For Applicant : Mr. Shivam Mishra, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 26.09.2025 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. 322/2025 registered at Police Station : Kotra-Road, District Raigarh (C.G.) for the offence punishable under Section 333, 351(2), 115(2), 138 and 69 of the Bhartiya Nyaya Sanhita, 2023. 2. Prosecution story in brief is that a complaint was lodged by the victim at Police Station Kotra Road, Raigarh. The victim has studied up to Class 11th and had been acquainted with Prabhat for the past two years. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.26 16:18:19 +0530 2 Prabhat used to say that he loved the victim one-sidedly, but the victim consistently denied his advances, clarifying that she only considered him a friend. However, he did not accept this. The victim did not want to talk to him, but he continued to forcibly approach her. On 03.08.2025, at about 3:00 p.m., the victim, her grandmother, and her mother were at home. At that time, Prabhat Sidar entered their house and tried to forcibly take the victim out by pulling her hand. When the victim’s grandmother and mother intervened, they were assaulted. When the victim refused to go with him, Prabhat Sidar threatened that if she did not accompany him, he would kill her mother and sister. Out of fear, the victim sat on his motorcycle and went with him. Prabhat, being enraged, continued to intimidate her. He took her to an unknown city and then to Kalinga Hotel, where they stayed overnight in a room. During that time, Prabhat forcibly established physical relations with the victim. When she resisted, he assaulted her with his hands. On 04.08.2025, when the victim woke up in the morning, she saw nearby hoardings and realized that she was in Janjgir. When she asked Prabhat to drop her home, he refused and instead stated that he would not leave her. He then started taking her towards Bilaspur on his motorcycle. However, on noticing policemen nearby, he stopped the motorcycle. The victim immediately got down, whereupon Prabhat fled with his motorcycle. On the basis of the victim’s written report, FIR No. 322/2025 was registered at Police Station Kotra Road, Raigarh, Chhattisgarh, for offences punishable under Sections 333, 351(2), 115(2), 138, 69 BNS. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the applicant is the sole earning member of his family and had married the victim about six months ago, thereby becoming her lawful husband. He 3 further submits that the victim’s family was opposed to her marriage with the applicant and used to demand money from him without any justification. The applicant used to provide money to the victim’s family to fulfill their needs in order to maintain cordial family relations. However, when he refused to meet their unlawful demands, he was falsely implicated in this case. He also submits that the complainant has falsely implicated the applicant and lodged a false and fabricated complaint in his name. The applicant has not committed any act as alleged by the complainant, nor has he committed any offence whatsoever. He submits that the present applicant has no criminal antecedents and he is in jail since 04.08.2025, conclusion of the trial may take some more time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed before the competent Court in this case. He further submits that the present applicant/accused forcibly took the victim and threatened to kill her mother and sister if she resisted accompanying him, and thereafter, the applicant committed forcible sexual intercourse with the victim. Therefore, he is not entitled to the grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, and from perusal of the statement of the victim recorded under Section 183 of the BNSS, it appears that the victim is a major girl aged about 19 years. It further transpires that the victim had known the applicant for the last two years. On the date of the incident, it is alleged that the applicant came and 4 forcibly took the victim from her house despite resistance from her mother and sister. However, it also emerges that the victim, of her own will, accompanied the applicant to Kalinga Hotel, where it is alleged that the applicant committed sexual intercourse with her. The injuries sustained by the victim and her mother are superficial in nature. Also considering the fact that the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 04.08.2025 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Prabhat Sidar, involved in Crime No. 322/2025 registered at Police Station : Kotra-Road, District Raigarh (C.G.) for the offence punishable under Section 333, 351(2), 115(2), 138 and 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. (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 5 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 and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek