1 2025:CGHC:1294 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8763 of 2024 Brij Kishor S/o Awadhram Ratre Aged About 25 Years R/o Village Charpara, P.S. Malkharauda, District Sakti Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, P.S. Malkharauda, District – Sakti (Chhattisgarh) ... Non-applicant For Applicant : Mr. Chandra Prakash Lahrey, Advocate. For Non-applicant/State : Mr. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.01.2025 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. 294/2024, registered at Police Station Malkharauda, District – Sakti (C.G.) for the offence punishable under Section 64(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The prosecution story, in brief, is that on 16.10.2024 in the absence of the victim’s husband, the applicant came to her house and RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 established physical relations against her will, and thereafter, the applicant threatening the victim by calling her and subsequently FIR was lodged on 21.10.2024 against the applicant and the applicant has been arrested by the Police for the commission of the alleged offence. 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 lady aged about 27 years and the applicant and the victim were acquainted with each other, and the victim has herself raised no objection in respect of the bail application preferred by the applicant before the trial Court and the certified copy of the same is supported by the afÏdavit filed by the victim which is annexed with the bail application as Annexure-A/2. It is also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 21.10.2024 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 on 16.10.2024 in the absence of the victim’s husband, the applicant came to her house and established physical relations against her will, and thereafter, the applicant threatening the victim by calling her and subsequently FIR was lodged on 21.10.2024 against the applicant and the 3 applicant has been arrested by the Police for the commission of the alleged offence. 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. 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 lady aged about 27 years and the applicant and the victim were acquainted with each other, and the victim has herself raised no objection in respect of the bail application preferred by the applicant before the trial Court and the certified copy of the same is supported by the afÏdavit filed by the victim which is annexed with the bail application as Annexure-A/2, also the fact that the charge-sheet has been filed in the present case, the applicant is in jail since 21.10.2024 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 – Brij Kishor involved in Crime No. 294/2024, registered at Police Station Malkharauda, District – Sakti (C.G.) for the offence punishable under Section 64(1) 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 4 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 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. 5 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