1 2025:CGHC:59521 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8597 of 2025 Devesh Chandrakar S/o Ghanoram Chandrakar Aged About 24 Years R/o House No. 42, Ward No. 03, Gram Panchayat Borigaon Muli, Tahsil Bastar, District Bastar, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Bakawand, District Bastar, Chhattisgarh. ... Respondent For Applicant : Shri Manish Nigam, Advocate. For Respondent/State : Ms. Vaishali Mahilong, 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.56/2025 registered at Police Station Bakawand, District Bastar (C.G.) for the offence punishable under Sections 64 & 64 (2) (m) of Bhartiya Nyay Sanhita. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.12.09 15:51:16 +0530 2 2. Case of the prosecution, in brief, is that on 26-09-2025, the prosecutrix made written complaint to the police Station Bakawand stating therein that prior to two and half years, the present applicant on the pretext of marriage has made sexual intercourse with her and thereafter the applicant made sexual intercourse time to time, but when the prosecutrix asked to perform the marriage, the applicant denied to perform the marriage. On the basis of said complaint, the police has registered the crime as mentioned above and arrested the applicant. 3. Learned counsel for the applicant submits that the present applicant has falsely been implicated in this case, he has neither committed nor participated in any crime of like nature. He would submit that the applicant and victim are well known to each other and the victim on her own will accompanied with the applicant and the applicant and victim having affair and the conduct of victim clearly shows that she was a consenting party as she voluntarily accompanied the applicant. He would submit that the victim is also major girl, who knows the consequences of her relationship with the applicant and even after knowing the consequences of relationship, the victim remained in relationship with the applicant for long time, so it is prima-facie it is case of consensual relationship. He would submit that the applicant is in jail since 27/09/2025 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 has pointed out that after the investigation charge sheet has been submitted for offence under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. 3 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, further the fact that after the investigation charge sheet has been submitted for offence under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, but considering the fact that victim and the applicant were having affair and they developed physical relationship and just for harassment of the applicant, present FIR has been lodged, period of detention of the applicant since 27/09/2025 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. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Devesh Chandrakar, involved in Crime No.56/2025 registered at Police Station Bakawand, District Bastar (C.G.) for the offence punishable under Sections 64 & 64 (2) (m) of Bhartiya Nyay Sanhita, 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 4 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