1 2025:CGHC:9800 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 899 of 2025 Subhash Chouhan S/o Dhanau Chouhan Aged About 42 Years R/o Gudeli, Police Station And Teh. Sarangarh, District- Sarangarh-Bilaigarh, C.G. ... Applicant versus State Of Chhattisgarh Through Police Station Sariya, District- Sarangarh- Bilaigarh, C.G. ... Non-applicant For Applicant : Mr. Manoj Kumar Jaiswal, Advocate. For Non-Applicant : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/02/2025 1. This is the first bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 176/2024 registered at Police Station Sariya, District- Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 70(1), 64(1), 3(5) of BNS. 2. Case of the prosecution, in brief, is that on 09.11.2024 at bout 2.30 PM, the present applicant and other co-accused had committed sexual intercourse forcibly with the victim at village Vishvaspur Chhote Latnala Jangal thereafter, call 112 for Ambulance and shifted Hospital for treatment due to she was unable to walk and RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 later on the victim has written the complaint before the Sariya Police Station for the commission of alleged offences. 3. Learned counsel for the applicant submits that the applicant is innocent person and he has been falsely implicated in the present case. The present applicant has not committed any of the offence mentioned above, he has falsely been implicated in this aforesaid offence. He further submits that the victim has consenting party, she herself stated no objection before the trial Court, if granted bail to the applicant. He further submit that the applicant is in jail 10.11.2024 and in the present case, charge-sheet has been filed before the competent Court and the conclusion of the trial is likely to take quite long time therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the that the statement of the victim, recorded before the trial Court, she herself stated that the present applicant along with co-accused established physical relationship with her however, she has no objection, if granted bail to the applicant and in the present case, charge-sheet has been filed before the competent Court, hence he is not entitled for grant of bail. 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 and gravity of offence, period of detention of the applicant since 10.11.2024 and the fact that the statement of the victim girl, 3 recorded before the trial Court, wherein she stated that the present applicant along with the co-accused, established a physical relationship with her and further in-compliance of the Court's order dated 31.01.2025, it transpires that the notice was served to the victim, but she has not appeared before this Court to object the prayer for grant of bail. However, as per the order dated 03.01.2025, it appears that the victim is a major girl, aged about 20 years and was a consenting party and furthermore, the victim herself has stated that she has no objection, if bail granted to the applicant. Considering the such circumstances, it appears reasonable to grant bail to the applicant, thus without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. Let the Applicant-Subhash Chouhan, involved in Crime No. 176/2024 registered at Police Station Sariya, District- Sarangarh- Bilaigarh (C.G.) for the offence punishable under Sections 70(1), 64(1), 3(5) of BNS, 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 4 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, 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. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan