1 2025:CGHC:3687 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 596 of 2025 Prakash Bareth S/o Pyare Lal Bareth Aged About 22 Years R/o Dhabaripara Patharripara Thana Civil Line Rampur Korba District - Korba (C.G.) ... Applicant versus State of Chhattisgarh Through SHO Out Post CSEB Thana Civil Line Rampur District - Korba (C.G.) … Non-applicant For Applicant : Mr. Samir Singh, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 21.01.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 691/2024 registered at Police Station : Civil Line, District – Korba (C.G.) for the offence punishable under Section 64(2)(m) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case, in brief, is that the victim lodged a written report at the Police Station on November 12, 2024. In her report, 2 she alleged that between August 1, 2024, and October 27, 2024, the present applicant had repeatedly engaged in sexual intercourse with her under the pretext of marriage. She further alleged that the applicant had made a video clip of their interactions. Based on her report, the police registered an offense against the applicant. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He submits that the victim is a major girl aged about 20 years and they were in a consensual relationship. He further submits that the present applicant has been in jail since 07.12.2024 and the conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the present applicant on the pretext of marriage established physical relationship with the victim and thereafter denied, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and also considering the fact that the victim who is major girl aged about 20 years was in a consensual relationship with the present applicant and she was a consenting party. Also considering the fact that the charge-sheet has been submitted 3 before the competent Court in the present case and the applicant has been in jail since 07.12.2024 and the trial is likely to take sometime for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Prakash Bareth, involved in Crime No. 691/2024 registered at Police Station : Civil Line, District – Korba (C.G.) for the offence punishable under Section 64(2)(m) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 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 4 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. OfÏce is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.22 11:09:50 +0530