1 2025:CGHC:660 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9024 of 2024 1 - Tikeshwar Verma S/o Kurjan Verma Aged About 22 Years R/o Village Kodenawagaon, Police Station Khairagarh, District- Khairagarh- Chhuikhadan- Gandai ( C.G.). ... Applicant versus 1 - State Of Chhattisgarh Thorugh- The Station House Officer, Police Of Police Station Khairagarh, District- Khairagarh- Chhuikhadan- Gandai ( C.G.). ... Respondent(s) For Applicant : Mr. C. K. Kesharwani, Advocate For State : Mr. Santosh Soni, Government Advocate (Hon'ble Shri Parth Prateem Sahu, Judge) Order on Board 06/01/2025 1. Applicant has filed this second bail application under Section 483 of B.N.S.S., 2023 for grant of regular bail as he is arrested in connection with Crime No. 368 of 2023 registered at Police Station – Khairagarh, District – Khairagarh – Chhuikhadan - Gandai, Chhattisgarh for the offences punishable under Sections 450, 342, 376 (2)(n) and 506 of the I.P.C., 1860. 2. Case of the prosecution, in brief, is that on 21.8.2023 in the morning at about 6:30 am while the victim was washing utensils, applicant entered into her house, caught hold of her, closed mouth with cloth, took her inside the room and committed forcible sexual intercourse with her after tying her feet. After committing the offence of rape, applicant fled from the spot, locking the door of room from outside. Victim thereafter started shouting and upon hearing her shouts, girl playing outside the Digitally signed by SHAYNA KADRI 2 house opened the door from outside. Victim narrated the entire incident to that girl and also her parents when they returned home from their work. Incident was reported in concerned police-station, based upon said report, aforementioned crime was registered and applicant was arrested on 23.08.2023. 3. Learned counsel for applicant submits that the applicant has been falsely implicated. This second bail application is filed on the ground of delay in trial. He submits that material witnesses have now been examined before learned trial Court including victim and her mother. There is no apprehension of influencing material witnesses. Applicant is in jail since 23.08.2023 and thereby he has completed about more than one year and four months of pre-trial detention, hence, he may be released on bail. 4. On the other hand, learned counsel for the State opposes the submission of learned counsel for the applicant and would submit that there are specific allegation against applicant of committing forceful sexual intercourse with victim and therefore, applicant is not entitle for grant of bail. 5. I have heard learned counsel for the parties. 6. Taking into consideration the facts and circumstances of the case, nature of allegations, period of pre-trial detention, submission of learned counsel for the respective parties, without commenting anything on merit of the case, I am inclined to enlarge the applicant on bail. 7. Accordingly, the bail application is allowed. It is directed that the applicants shall be released on regular bail, upon furnishing a bail bond 3 in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that - (a) 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. (b) 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. (c) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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. (d) 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. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Shayna JUDGE