1 2025:CGHC:51250 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7304 of 2025 • Manas Gaud S/o Niranjan Gaud Aged About 23 Years R/o Village Semla Para, P.S. Chandahandi, Distt. Navrangpur (Odisha) (As Per Charge Sheet) ... Applicant versus • State of Chhattisgarh Through The Station House Officer, P.S. Devbhog, Distt. Gariyaband, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Ms. Pooja Yadav, Advocate For Respondent/State : Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14/10/2025 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.195/2025 registered at Police Station Devbhog, District-Gariyaband (C.G.), for the offence punishable under Sections 64, 87 of BNS. 2. Case of the prosecution, in brief, is that the present applicant made sexual relationship with the prosecutrix. It is alleged by VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.15 17:58:41 +0530 2 the prosecutrix that the present accused/applicant made physical relationship with her last few months. On the said act of the accused the prosecutrix made a written complaint. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the present applicant and the victim were in a relationship and she was a consenting party and victim is a major girl aged about 18 years 9 months. The applicant is in jail since 05.07.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has no previous criminal antecedent. She further 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 months and they were used to talk to each other and applicant made physical relation with her consent on the pretext of marriage. 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 allegation levelled against the applicant and the statement recorded under Section 183 of BNSS by the prosecutrix/victim, she is major girl and the fact 3 that present applicant and the victim were in a relationship and she was a consenting party, applicant is in jail since 05.07.2025 and the charge-sheet has been filed and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Manas Gaud, involved in Crime No.195/2025 registered at Police Station Devbhog, District- Gariyaband (C.G.), for the offence punishable under Sections 64, 87 of BNS, be released on bail on their furnishing a personal bond with two local 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. 4 (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 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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali