1 2025:CGHC:180 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9035 of 2024 Dilmohan Kodaku S/o Ramratan Kodaku Aged About 39 Years R/o Village Daldhova, Police Station Balrampur, Dist. Balrampur- Ramanujganj, C.G. ... Applicant versus State of Chhattisgarh Through Police Station Balrampur, Dist. - Balrampur - Ramanujganj, C.G. ... Non-applicant For Applicant : Mr. Rohitashva Singh, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.01.2025 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. 149/2024 registered at Police Station : Balrampur, District – Balrampur - Ramanujganj (C.G.) for the offence punishable under Sections 64(1) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution's story, the applicant allegedly committed rape with the victim on September 25, 2024, at Daldhova Dev Bora 2 Farm, without her consent or will. The applicant also allegedly threatened to kill her. Based on the report lodged by the victim, a crime was registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the present FIR was lodged with a delay of four days, for which no explanation has been provided. He further submits that the MLC of the victim is negative, and no injuries were found. He also submits that the victim is a major married lady and the applicant is in jail since 29.09.2024, 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 present applicant/accused committed forcefully sexual intercourse with the victim, 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 also considering the fact that the present FIR was lodged with a delay of four days, for which no explanation has been provided and further the MLC of the victim is negative, and no injuries were found. Moreover, the charge - sheet has already been submitted before the competent Court in the present case and he is 3 in jail since 29.09.2024 and the trial is likely to take sometime for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Dilmohan Kodaku, involved in Crime No. 149/2024 registered at Police Station : Balrampur, District – Balrampur - Ramanujganj (C.G.) for the offence punishable under Sections 64(1) of the Bhartiya Nyaya Sanhita, 2023, 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 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 4 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek