1 2025:CGHC:173 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9012 of 2024 Nemichand @ Nemuchand Dhruw S/o Sambhar Dhruw, Aged About 42 Years R/o Village - Tamori Police Station - Gidhpuri, District- Balodabazar- Bhatapara(C.G.) Present Address Mohmela Police Station Arung Distt- Raipur (C.G.) … Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Arang , District - Raipur C.G. ... Non-Applicant For Applicant : Mr. Pradeep Singh Rathore, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02/01/2025 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. 689/2024, registered at Police Station – Arang , District - Raipur (C.G.) for the offence punishable under Sections 64(1), 351(2) of Bharatiya Nyay Sanhita, 2023. 2. The prosecution story, in brief, is that the victim lodged report at Police 2 station Arang on 05.11.2024 to the effect that on 27.10.2024 at about 1:30 hours, while she was going to her uncle’s house at that time the applicant caught hold her and committed sexual intercourse with her and threatened her for dire consequences. 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 married lady and she has physical relationship with the applicant since long and she has lodged false report after 08 days of incident against the applicant only for gaining money. It is also submitted that no injury was found. It is also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 06.11.2024 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 applicant committed sexual intercourse with the victim and threatened her for dire consequences. Hence, 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 made against the applicant and period of detention in jail, and from the perusal of the statement, it transpires that victim is a married lady and she has physical relationship with the applicant since long and she has lodged false report after 08 days of incident against the applicant only for gaining money, also the fact that the charge-sheet has 3 been filed in the present case, the applicant is in jail since 06.11.2024 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. Accordingly, the bail application is allowed. Let the applicant - Nemichand @ Nemuchand Dhruw involved in Crime No. 689/2024, registered at Police Station – Arang , District - Raipur (C.G.) for the offence punishable under Sections 64(1), 351(2) of Bharatiya Nyay Sanhita, 2023, 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 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 4 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/- Sd/- (Ramesh Sinha) Chief Justice Preeti