1 2025:CGHC:51496 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8296 of 2025 1 - Setram Rathiya S/o - Naharsai Rathiya Aged About 24 Years R/o Village - Jaambahar, P.S. - Lailunga, District - Raigarh (C.G.) 2 - Bhola Rathiya S/o - Lalit Rathiya Aged About 24 Years R/o Village - Jaambahar, P.S. - Lailunga, District - Raigarh (C.G.) ... Applicants versus State Of Chhattisgarh Through Officer-In Charge Police Station - Lailunga, District - Raigarh (C.G.) ... Respondent For Applicants : Shri Ashutosh Mishra, Advocate. For Respondent/State : Shri S.S. Baghel, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/10/2025 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 applicants who have been arrested in connection with Crime GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.16 14:39:40 +0530 2 No.348/2023 registered at Police Station Lailunga, Distt. Raigarh (CG) for the offence punishable under Sections 376(D), 506 of Indian Penal Code, 1860. 2. Case of the prosecution, in brief, is that it has been alleged that prosecutrix requested the applicants to drop her to village Banekela for celebration of Karma festival. The applicants took the prosecutrix in motorcycle and taken her to forest area whereby they committed rape with her. It has been further alleged that the applicant left her and returned back to their village. Thereafter the prosecutrix was taken to hospital and subsequently the FIR was lodged. Thereafter investigation was initiated by the police station Lailunga and the applicants were arrested. 3. Learned counsel for the applicants submitted that the victim who is a married woman aged about 48 years have implicated the applicants for oblique motive. It is stated that out of 21 prosecution witnesses, only statement of the victim has been recorded and she has not supported the case of the prosecution and has turned hostile. He would submit that the charge sheet has been filed in this case, the applicants are in jail since 27/10/2023 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. He would submit that out of total 21 prosecution witnesses, statement of one prosecution witness i.e. statement of victim has been recorded and she has not supported the case of the prosecution and has turned hostile. 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, considering the fact that out of total 21 prosecution witnesses, statement of one prosecution witness i.e. statement of victim has been recorded and she has not supported the case of the prosecution and has turned hostile, further considering the period of detention of the applicants since 27/10/2023, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicants- Setram Rathiya & Bhola Rathiya, involved in Crime No.348/2023 registered at Police Station Lailunga, Distt. Raigarh (CG) for the offence punishable under Sections 376(D), 506 of Indian Penal Code, 1860, be released on bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may 4 proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of receipt of this order in accordance with law, if there is no legal impediment. 9. 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