1 2025:CGHC:55377 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9136 of 2025 Naresh Rajwade S/o Shri Jagdeesh Prasad Rajwade Aged About 25 Years Caste - Rajwar, R/o Peeyuri, Police Station - Ramanujnagar, District - Surajpur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer Ramanujnagar, District - Surajpur (C.G.) ... Respondent For Applicant : Shri Surfaraj Khan, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/11/2025 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.130/2025 registered at Police Station Ramanujnagar, District- Surajpur (C.G.) for the offence punishable under Section 69 of BNS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.14 15:00:33 +0530 2 2. Case of the prosecution, in brief, is that the applicant allured the prosecutrix on the pretext of marriage in the month of July, 2024 and committed rape upon her for the first time at night in the school ground of her village and thereafter, on several occasions, the applicant continued to establish physical relations with her under the false promise of marriage and later refused to marry her. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the applicant is a married person for the last seven years and has been residing with his wife in Village Peeuri, where the prosecutrix also resides and was fully aware of his marital status and the prosecutrix is a major and capable of understanding her own conduct. It is further submitted that the report appears to have been lodged due to misunderstanding. He would submit that the applicant has no criminal antecedents, he is in jail since 16/09/2025 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. 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, perused the statement of the victim under section 183 BNSS, considering the nature of allegation levelled against the applicant, further the fact that the victim is a major girl and they were known to each other for last one year and developed consensual relationship, when the relationship could not materialize, present FIR has been 3 lodged, period of detention of the applicant since 16/09/2025 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- Naresh Rajwade, involved in Crime No.130/2025 registered at Police Station Ramanujnagar, District- Surajpur (C.G.) for the offence punishable under Section 69 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 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. 4 (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