1 2025:CGHC:1237 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 61 of 2025 Santosh Jangde @ Chutku S/o Fagu Ram Jangde Aged About 23 Years R/o Jarhabhata Mini Basti, Thana Civil Line, District - Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Sarkanda, District Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. K.P.S. Gandhi, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08/01/2025 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. 698/2024, registered at Police Station – Sarkanda, District Bilaspur (C.G.) for the offence punishable under Sections 363, 366, 342 and 376 of the Indian Penal Code (IPC). 2. The prosecution story, in brief, is that mother of victim lodged F.I.R. at P.S. Sarkanda, Bilaspur regarding the applicant taking her daughter/victim to a deserted place on the pretext of getting job on PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.09 11:07:34 +0530 2 25.06.2024 and sexually intercourse with victim for an offence under Section 363, 366, 342 and 376 of Indian Penal Code. The applicant is falsely implicated. 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 aged about 19 years and she was called by the applicant and at the time of the incident her niece was also present. It is further submitted that the victim herself gone to applicant’s house has been falsely implicated the applicant. It is also submitted that the charge-sheet has been filed in this case. Further, the applicant has two previous criminal antecedents out of which one is disposed of and one case is pending. The applicant is in jail since 11.07.2024 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 taking her daughter/victim to a deserted place on the pretext of getting job on 25.06.2024 and sexually intercourse with victim. Further, the applicant has two previous criminal antecedents. 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 aged about 19 years and the victim herself gone to applicant’s 3 house and at the time of incident her niece was also present, further the applicant has two previous criminal antecedents out of which one is disposed of and one case is pending, also the fact that the charge-sheet has been filed in the present case, the applicant is in jail since 11.07.2024 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 - Santosh Jangde @ Chutku involved in Crime No. 698/2024, registered at Police Station – Sarkanda, District Bilaspur (C.G.) for the offence punishable under Sections 363, 366, 342 and 376 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 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, 4 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 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. OfÏce 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