1 2025:CGHC:52551 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7697 of 2025 • Amit Kumar Suryavanshi S/o Devkinandan Suryavanshi, Aged About 26 Years (Not Mentioned In Cause Title Of Impugned Order), Cast Suryavanshi, R/o Village Muktaraja, Police Station Baradwar, District Sakti, Chhattisgarh ... Applicant versus • The State of Chhattisgarh Through - P.S. Baradwar, District Sakti, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Kalyan Ji Kalamkar, Advocate and Mr. Hemant Kumar Sahu, Advocate For Respondent/State : Mr. Swajeet Singh Ubweja, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/10/2025 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.222/2025 registered at Police Station - Baradwar District-Sakti (C.G.) for the offence punishable under Sections 64(2)(m) of the BNSS and Sections 4 & 6 of the Protection of Children from Sexual Offences Act. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.30 11:43:47 +0530 2 2. Case of the prosecution, in brief, is that the prosecutrix submitted a written complaint before the police station Baradwar against the present applicant/accused and their other family members wherein she has stated that she was familiar with the the present applicant when she was studying in class 10th in the session 2016-17 meantime the present applicant made physical relation with her by deceived her but she was not stated that to any one, due to fear of public shame. She further stated in her written complaint that the father, mother, sisters and maternal uncle of applicant has help him/accused by saying that they would marry her and keep her as their daughter in law which she believed, but they did not keep their promise. On 15-06-2025 at about 2pm the present applicant took her into a house situated near new bus stand Muktaraja and without her consent forcefully raped her, resulting in two abortions. Due to dear of social stigma, she did not inform her mother and family members about the incident. She further stated that the present applicant created obscene video and audio and is falsely propagating in the village by saying that she has a relationship with another person. Therefore, FIR has been lodged against the present applicants. Hence, this bail application. 3. In compliance of the order dated 24.09.2025 passed by this Court, prosecutrix is present before this Court along with her parents and does not raised any objection in granting bail to the present applicant. 3 4. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case. He would submits that prosecutrix is now aged about 24-25 years and she was in love affair with the applicant namely Amit Kumar Suryavanshi and wants to marry with him, but on refusing by the applicant, the prosecutrix implicated him along with his family members and all are being roped in the false and fabricated case by the prosecutrix. He further submits that prosecutrix is present before this Court today along with her parents and she has raised no objection in granting bail to the present applicant. He also submits that applicant is in jail since 30.08.2025 and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on regular bail. 5. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that as per the statement recorded under Section 183 of BNSS by the victim, she was in touch with the applicant from last few years and they were used to talk to each other and applicant made physical relation with her consent on the pretext of marriage. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, gravity of offence, also considering the fact that prosecutrix is a major girl and she was in love affair with present applicant, considering the statement recorded under Section 183 of BNSS by the 4 victim, applicant is in jail since 30.08.2025, investigation and trial are likely to take time, therefore, I am inclined to grant regular bail to the present applicants. 8. Let the applicant – Amit Kumar Suryavanshi, involved in Crime No.222/2025 registered at Police Station - Baradwar District-Sakti (C.G.) for the offence punishable under Sections 64(2)(m) of the BNSS and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, be released on bail on their 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 5 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali