1 2025:CGHC:59522 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7972 of 2025 Ravishankar Gupta S/o Vishwanath Gupta Aged About 27 Years R/o Village Lurghutta, Chowki Tatapani, P.S. Ramanujganj, Distt. Balrampur- Ramanujganj, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through P.S. Balrampur, Distt. Balrampur- Ramanujganj, Chhattisgarh. ... Respondent For Applicant : Shri Manoj Paranjpe, Sr. Advocate with Shri Shashwat Mishra, Advocate. For Respondent/State : Shri Bharat Gulabani, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/12/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.120/2025 registered at Police Station Balrampur, District Balrampur -Ramanujganj (C.G.). for the offence punishable under Sections 64, 351(3), 3(5) of the Bhartiya Nyaya Sanhita, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.12.09 15:51:17 +0530 2 2. Case of the prosecution, in brief, is that the complainant has lodged the F.I.R. on 02.09.2025 inter-alia on the allegations that in the month of June the applicant came in contact with the complainant through mobile phone and the applicant trapped the complainant in a love affair. The applicant started calling and talking with the complainant regularly. On 16.06.2025 when the complainant went to Balrampur for a work related meeting, where the applicant came and asked her to meet him and took her in his motorcycle to Adarsh lodge where he took obscene pictures of the complainant in his mobile and threatened her to upload the same on internet. Thereafter the applicant started blackmailing the complainant to have sexual intercourse with him and on 25.06.2025 the applicant called the complainant to the same place i.e. Adarsh Lodge, where the applicant offered water because of which the complainant got intoxicated/dizzy and than the applicant had sexual intercourse with her. It was further alleged that on 16.08.2025, the family of the complainant engaged her for marriage, but when the applicant got the knowledge of the same, he sent those pictures of the complainant to her in-laws, due to which they called off the marriage. Hence on the allegation of the complainant the police have arrested the present applicant for the offence committed u/s Section 64, 351(3), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the victim is a major girl and was known to the applicant and they were having affair. It is stated that the applicant developed relationship with the victim on the pretext fo marriage. Further it is stated that the parents of the victim were not interested in their marriage. He would submit that the applicant is in jail 3 since 03/09/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that statement of the victim has been recorded and she has turned hostile. 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 of allegation levelled against the applicant, further the fact that the victim is a major girl and was known to the applicant and they were having affair and they developed consensual relationship, statement of the victim has been recorded and she has turned hostile, period of detention of the applicant since 03/09/2025 and also considering the fact that trial is likely to take some time for its conclusion, 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 and it is directed that the Applicant- Ravishankar Gupta, involved in Crime No.120/2025 registered at Police Station Balrampur, District Balrampur - Ramanujganj (C.G.). for the offence punishable under Sections 64, 351(3), 3(5) of the Bhartiya Nyaya Sanhita, 2023, 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 4 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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri