1 2025:CGHC:412 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8523 of 2024 Anil Kumar Patel S/o Granthram Patel Aged About 27 Years R/o Sakin Village- Murli, P.S. Hardi Bazar, District : Korba, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer- Police Station- Banki Mongra, District : Korba, Chhattisgarh. ... Non-applicant For Applicant : Mr. Syed Mohammad Sohail Afzal, Advocate For Non-applicant/State : Mr. U.K.S. Chandel, Deputy A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03/01/2025 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. 182/2024 registered at Police Station : Banki Mongra, District : Korba, (C.G.) for the offence punishable under Sections 69 and 351(2) of the Bharitya Nyay Sanhita. 2. As per the prosecution's story, in brief is that on 27.10.2024, the complainant/victim filed a written report at Police Station Bankimongra against the accused. She stated that she has been a widow since 2019 and sustains herself and her 9-year-old son by 2 running a beauty parlor. In April 2022, a man allegedly established physical relations with her on the pretext of marriage. One day, when an Exide battery installed in her home developed a fault, she contacted the company for repairs. The applicant/accused called her to fix the battery. After this call, he saved her mobile number and started checking her statuses and calling her. She explained to him that she was older than him and tried to dissuade him. However, the accused convinced her by promising marriage and agreeing to accept her son, after which he established physical relations with her. Thus, the applicant/accused allegedly established physical relations with her under the pretense of marriage. Based on the complaint filed by the victim at Police Station Bankimongra, a case was registered, and after investigation, the applicant/accused was arrested and sent to judicial custody. 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 widowed woman aged about 32 years with a 9-year-old child and they were in a consensual relationship. He further submits that the victim was love affairs with the applicant and she did not raise any objection for commission of aforesaid offence during the course of incident. He further submits that the present applicant has been in jail since 16.11.2024 and the 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 State counsel opposes the bail application of the present applicant and submits that the charge- 3 sheet has been submitted before the competent Court in the present case. He further submits that the present applicant/accused forcefully committed sexually intercourse with the victim on the pretext of marriage, 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 the perusal of statement of victim recorded, it appears that the victim who is a major widowed woman aged about 32 years with a 9-year-old child and having a consensual relationship with the applicant and she was a consenting party. 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 16.11.2024 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, Anil Kumar Patel, involved in Crime No. 182/2024 registered at Police Station : Banki Mongra, District : Korba, (C.G.) for the offence punishable under Sections 69 and 351(2) of the Bharitya Nyay Sanhita, 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 4 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 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 Rahul Dewangan