1 2025:CGHC:5328 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9144 of 2024 Girdhari Bharadwaj S/o Ramlal Bharadwaj Aged About 28 Years R/o Bade Bendari, Bayaka Padar Para, P.S. Kondagaon, District- Kondagaon, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Kondagaon, District- Kondagaon, Chhattisgarh ... Non-applicant For Applicant : Mr. Premshankar Yadav, Advocate. For Non-Applicant : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/01/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 378/2024 registered at Police Station-Kondagaon, District- Kondagaon (C.G.) for the offence punishable under Section 376(2) (n) of the Indian Penal Code (for short ‘IPC’). 2. Case of the prosecution, in brief, is that the an FIR was registered against the applicant before the concerned police station for the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 offence punishable under Section 376(2)(n) of the IPC to the effect that, from the month of August 2016 to 12.10.2024, the applicant was established sexual relationship with the victim on the pretext of marriage and committed rape. On the said FIR, the present applicant has been arrested. 3. Learned counsel for the applicant submits that the victim and the applicant were having love affair since long time and the acts between the parties were completely consensual with the willful consent of both parties and the same was not in the pretext of marriage also there was no false promise to marry. This relationship has existed since 2016. He further submits that the complaint lodged by the victim is completely false, as she has alleged that the applicant committed sexual intercourse and rape from the year 2016 till 12.10.2024. These allegations cannot be believed at face value, as the complainant, being an adult, would have been well aware of the consequences of entering into a sexual relationship with the applicant. He also submits that the victim is an adult capable of understanding her decisions and in such circumstances, it cannot be said that the applicant has committed rape when the relationship between the parties and the act of sexual intercourse were completely consensual. He further submits that the applicant has been falsely implicated merely because things did not work out between them and therefore, she has lodged false and malicious FIR. On this sole basis, it cannot be concluded that the applicant has committed rape when the relationship was consensual and the offences and charges under the relevant Sections are not made out 3 against the present applicant and the applicant is in jail since 15.11.2024 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the applicant has established physical relationship with the victim on the pretext of marriage since 2016 to 2024 however, both of them were in love affair since a long time, hence he is not entitled for grant of bail. 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 offence, period of detention of the applicant since 15.11.2024 and the fact that the victim is a major girl, aged about 29 years and both of them were in love affair since long time and had engaged in physical relationship and when their relationship could not be materialized, she lodged an FIR against the applicant with malicious intention and in the present case, charge-sheet has been filed before the competent Court, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Girdhari Bharadwaj, involved in Crime No. 378/2024 registered at Police Station-Kondagaon, District- Kondagaon (C.G.) for the offence punishable under Section 376(2) (n) of the Indian Penal Code (for short ‘IPC’), be released on bail on 4 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 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. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient 5 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. Sd/- (Ramesh Sinha) Chief Justice Kunal