1 2025:CGHC:48068 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7492 of 2025 Sunil Sahu S/o Ramesh Sahu Aged About 24 Years R/o Village - Rajangatta, P.S. Panduka, Distt.- Garyaband (C.G.) ... Applicant versus State of Chhattisgarh Through P.S.- Rajim, District- Gariyabandh (C.G.) ... Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 18.09.2025 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. 205/2025 registered at Police Station Rajim District Gariyaband, (C.G.) for the offence punishable under Sections 115(2), 351(3), 64 of the Bhartiya Nyaya Sanhita, 2023. 2. As per the case of the prosecution, on 13.07.2025, the complainant lodged a report at Police Station Rajim, District Gariyabandh, stating that on 12.07.2025, while the victim was waiting at the bus stand, the applicant approached her on his moped and offered to drop her at the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.19 12:56:58 +0530 2 college. Trusting him, she agreed to sit on the vehicle; however, instead of taking her to the college, he took her to a lodge, where he forcibly subjected her to sexual intercourse against her will. Hence, the present F.I.R. was registered. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He submits that the victim is a major girl, who had a love relationship with the applicant and was a consenting party. He further submits that the applicant is in jail since 13.07.2025, conclusion of the trial may take some time, therefore, he 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 forcefully established physical relationship with the victim, 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 case diary, 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 13.07.2025, 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. 3 7. Let applicant, Sunil Sahu, involved in Crime No. 205/2025 registered at Police Station Rajim District Gariyaband, (C.G.) for the offence punishable under Sections 115(2), 351(3), 64 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, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial 4 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