1 2025:CGHC:6621 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 481 of 2025 Kapil Ram Binjhiya S/o Basant Binjhiya Aged About 40 Years R/o Village Saayar Schoolpara Chowki Kedma P.S. Udaipur District Surguja (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, P.S. Udaipur, Outpost – Kedma, District – Surguja (C.G.) ... Non-applicant For Applicant : Mr. Nishi Kant Sinha, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.02.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 236/2024, registered at Police Station Udaipur, District – Surguja (C.G.) for the offence punishable under Section 64 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The prosecution story, in brief, is that the victim has lodged written report on 20.11.2024 that on 17.11.2024 when the victim was alone at house, the applicant/accused who is their relative came and asked for water and grabbed her from behind and committed forceful sexual intercourse with RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 the victim, the incident was seen by her husband who caught hold of the accused and gave him few slaps and thereafter the accused applicant fled away. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the victim is a major and married lady and there was some affair made between the applicant and the victim, and thereafter, a consensual sexual relationship was established between both of them, but the husband of the victim has seen them eloped with each other, hence, she filed the FIR and she is the consenting party. It is also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 21.11.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. It is further submitted that the victim has lodged written report on 20.11.2024 that on 17.11.2024 when the victim was alone at house, the applicant/accused who is their relative came and asked for water and grabbed her from behind and committed forceful sexual intercourse with the victim, the incident was seen by her husband who caught hold of the accused and gave him few slaps and thereafter the accused applicant fled away. Therefore, the applicant is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 3 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant and period of detention in jail, further the fact that the victim is a major and married lady and there was some affair made between the applicant and the victim, and thereafter, a consensual sexual relationship was established between both of them, but the husband of the victim has seen them eloped with each other, hence, she filed the FIR and she is the consenting party, also the fact that the charge-sheet has been filed in the present case, the applicant is in jail since 21.11.2024 and the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let applicant - Kapil Ram Binjhiya involved in Crime No. 236/2024, registered at Police Station Udaipur, District – Surguja (C.G.) for the offence punishable under Section 64 of the BNS, 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 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 4 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. OfÏce 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 Rajshekhar