1 2025:CGHC:165 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8997 of 2024 Pratap Maravi @ Manohar Agarya @ Kavita Ram Agarya @ Ashu S/o Hasib Aged About 27 Years R/o Village Kardoni, P.S. Lundra, District Surguja, Chhattisgarh … Applicant versus State of Chhattisgarh Through P.S. Ambikapur, District Surguja, Chhattisgarh ... Non-Applicant For Applicant : Dr. Sudeep Agrawal, Advocate. For Non-Applicant/State : Mr. Hariom Rai, 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. 664/2023, registered at Police Station – Ambikapur, District Surguja (C.G.) for the offence punishable under Sections 376(1), 506 Part II and 323 of the Indian Penal Code (IPC). 2. The prosecution story, in brief, is that the applicant committed rape upon the victim and inflicted injuries upon her, therefore, FIR lodged against 2 him at Police Station – Ambikapur, District – Surguja (C.G.) 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 major lady and the victim and the applicant were chatting through WhatsApp, hence, well known to each other. It is also submitted that the brother of the victim has taken two lakh rupees from the accused person and when he demanded money back the brother of victim has threatened the applicant and instant FIR has been lodged to take revenge. It is also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 14.02.2024 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 rape upon the victim and inflicted injuries upon her. 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 the victim is a major lady and the victim and the applicant were chatting through WhatsApp, hence, well known to each other, further, the brother of the victim has taken two lakh rupees from the accused/applicant person and when he demanded money back, the brother of victim has threatened the 3 applicant and instant FIR has been lodged to take revenge from the applicant, also the fact that the charge-sheet has been filed in the present case, the applicant is in jail since 14.02.2024 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 - Pratap Maravi @ Manohar Agarya @ Kavita Ram Agarya @ Ashu involved in Crime No. 664/2023, registered at Police Station – Ambikapur, District Surguja (C.G.) for the offence punishable under Sections 376(1), 506 Part II and 323 of the Indian Penal Code (IPC), 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 4 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/- Sd/- (Ramesh Sinha) Chief Justice Preeti