1 / 4 2025:CGHC:50344 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7983 of 2025 Bhupendra Yadav S/o Shri Nohar Yadav Aged About 24 Years R/o Village Chhilpawan, P.S. Pateva, Tahsil And Distt. Mahasamund, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Tendukona, Distt. Mahasamund,Chhattisgarh. ... Non-applicant For Applicant : Mr. Pawan Kesharwani, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 09.10.2025 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. 71/2025 registered at Police Station : Tendukona District – Mahasamund (C.G.) for the offence punishable under Section 69 of BNS. 2. As per the prosecution story, the appellant sexually assaulted the Prosecutrix several times on the pretext of marriage. Thereafter, the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.09 18:03:04 +0530 2 / 4 Prosecutrix lodged a written complaint against the applicant in tendukona Police Station. Based on this, offence has been registered against the appellant offence under section 69 of BNS, and he has been arrested on 26/6/2025 and after completing the investigation challan has been filed before the concern Magistrate. 3. Learned counsel for the applicant submits that applicant is innocent and has not committed any act constituting the alleged offence. A false case has been registered against him by the Police Station, Mahasamund (C.G.), on baseless grounds. The learned Trial Court failed to appreciate that the applicant and the victim were known to each other, had mutual affection, and intended to get married, which fact has also been stated by the victim before the Court. The applicant is a young man aged about 24 years, working as a driver, and is the sole earning member of his family. He has been falsely implicated merely on the basis of suspicion and the complaint made by the complainant. The applicant is a married man, having two children, and his wife is presently pregnant with no one available at home to take care of her. He has been in judicial custody since 26.06.2025, and as the trial is likely to take considerable time, his continued detention would cause undue hardship. The investigation has already been completed, and the charge-sheet (challan) has been filed; therefore, his further custody is not required, 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 present applicant/accused committed forceful sexual intercourse with the victim, therefore, he is 3 / 4 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 circumstances of the case, the nature and gravity of the offence, and upon perusal of the statement of the victim recorded under Section 183 of the B.N.S.S, it appears that the victim is a major and was in a consensual relationship with the applicant, thereby being a consenting party. Moreover, the charge-sheet has already been submitted before the competent Court, the applicant has been in custody since 26.06.2025, and the trial is likely to take some time for its conclusion. Therefore, this Court is of the opinion that the applicant is entitled to be released on bail in the present case 7. Let applicant, Bhupendra Yadav, involved in Crime No. 71/2025 registered at Police Station : Tendukona District – Mahasamund (C.G.) for the offence punishable under Section 69 of BNS, be released on bail on 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 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 4 / 4 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 concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice vaibhav