1 2025:CGHC:48343 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7567 of 2025 Deepak Diwan S/o Shyam Ratan, Aged About 26 Years Caste Kanwar, R/o Chhindgarh, P.S. Chhidgarh, District Sukma (C.G.) (Detail of The Applicant Has Not Mentioned In Annexure A-1) ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station Dornapal, District Sukma (C.G.) ... Non-applicant For Applicant : Mr. Sangeeta Soni, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 19.09.2025 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. 19/2025 registered at Police Station : Dornapal, District – Sukma (C.G.) for the offence punishable under Section 64(2)(ड), 115(2), 351(3), 296 of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant lodged a report at Police Station Dornapal alleging that the applicant had committed sexual intercourse with the victim on several occasions at ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.19 19:04:41 +0530 2 different places and had also threatened her not to disclose the incident. Based on the said complaint, the police registered an offence punishable under Sections 64(2)(ड), 115(2), 351(3), and 296 of the B.N.S. against the applicant. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. She submits that the victim is a major girl, who had a love relationship with the applicant and was a consenting party. She also submits that the applicant is in jail since 26.07.2025 and conclusion of the trial may take some time, therefore, she prays for grant of regular bail to the present applicant. 4. On the other hand, learned counsel State counsel opposes the bail application of the present applicant and submits that the present applicant on the pretext of marriage established physical relationship with the victim and thereafter denied, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence 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, who had a love relationship with the applicant and was a consenting party, but after some time their relationship could not be materialized, then she filed aforesaid case against the present applicant, also considering the fact that the charge-sheet has been submitted before the competent Court in the present case and the applicant has been in jail since 26.07.2025, the trial is likely to take sometime for its conclusion, therefore, I am of the 3 opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Deepak Diwan, involved in Crime No. 19/2025 registered at Police Station : Dornapal, District – Sukma (C.G.) for the offence punishable under Section 64(2)(ड), 115(2), 351(3), 296 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 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, 4 (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