1 2025:CGHC:49180 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7777 of 2025 • Anil Das S/o Manharan Das, Aged About 28 Years R/o New Minus Quarter, Chhota Bazar, Chirmiri, Police Station And Tahsil Chirmiri, District Manendragarh- Chirmiri- Bharatpur (C.G.) ... Applicant versus • State of Chhattisgarh Through The Station House Officer, Police Of Police Station Chirmiri, District Manendragarh- Chirmiri- Bharatpur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Anil Kumar Gulati, Advocate For Respondent/State : Mr. Amit Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/09/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.182/2025 registered at Police Station Chirmiri, District-Manendragarh-Chirmiri-Bharatpur (C.G.), for the offence punishable under Sections 69 of BNS, 2023. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.26 11:29:15 +0530 2 2. Case of the prosecution, in brief, is that on the basis of written report of the victim, the FIR was registered by the police of Police Station-Chirmiri and as per the averment of the FIR, on 07-08-2024, the victim along with her sisters went to the house of applicant and the applicant sent the sister of victim outside of his house and on the pretext of marriage, established physical relationship with the victim and thereafter the applicant used to call the victim and sexually exploded her many times. It is also alleged that when the victim asked to perform the marriage the applicant refuses the same. On the basis of the said complaint, the police registered the offence and the applicant has been arrested for the commission of alleged offence. 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. He further submits that the present applicant and the victim were in a relationship and the she was a consenting party and victim is a major girl aged about 20 years. The applicant is in jail since 09.08.2025 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. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has two previous criminal antecedent under two different offences. He further submits that as per the statement recorded under Section 183 of BNSS by the victim, she was in 3 touch with the applicant since 2024 through Instagram and they were used to talk to each other and applicant made physical relation with her consent on the pretext of marriage. 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 allegation levelled against the applicant and the statement recorded under Section 183 of BNSS by the prosecutrix/victim, she is major girl and the fact that present applicant and the victim were in a relationship and she was a consenting party, applicant is in jail since 09.08.2025 and the charge-sheet has been filed and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Anil Das, involved in Crime No.182/2025 registered at Police Station Chirmiri, District-Manendragarh- Chirmiri-Bharatpur (C.G.), for the offence punishable under Sections 69 of BNS, 2023, be released on bail on their 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 4 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 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. 5 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali