1 2025:CGHC:61550 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10423 of 2025 Arihant Jain @ Raju S/o Manish Jain Aged About 24 Years R/o Dalpat Sagar Ward 13, P.S. Kotwali Jagdalpur, District Bastar Chhattisgarh ...Applicant versus State Of Chhattisgarh Through The Police Station Jagdalpur District Bastar Chhattisgarh ... Non-applicant For Applicant : Mr. Pravin Kumar Tulsyan, Advocate. For Non-applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.12.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 480/2025, registered at Police Station : Jagdalpur District- Bastar (C.G.) for the offence punishable under Sections 64(1), 64(2)(m) 296, 115(2), 351(2) and 89 of the BNS. 2. The prosecution story in brief is that the victim aged about 20 years VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.17 15:38:41 +0530 2 had lodged the F.I.R. on 25.10.2025 against the present applicant alleging that she knows the applicant since past 01 years and on 12.03.2025 established physical relationship on pretext of marriage and continued till 13.10.2025. Thereafter when she went to his house on 24.10.2025 the present applicant has assaulted her and denied to marry her. The Police have arrested to the applicant and filed the charge sheet in competent court of law. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in the case. The victim is a major and a widow, and being a consenting party, she was fully aware of all the consequences; therefore, the alleged offences are not made out against the applicant. Further, the victim herself admitted in her statement recorded under Section 183 of the B.N.S.S. that there was a love relationship between them, they were in talks for marriage, and their families were also involved, but when their relationship turned sour, she lodged the FIR against the applicant. It is further submitted that the trial is likely to take a considerable amount of time for its conclusion, and the applicant has been in jail with hardened criminals since 25.10.2025. therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand learned State counsel State opposed the bail application of the present applicant and submits that the present applicant on the pretext of marriage established physical relationship with the victim, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case, the nature of the allegations levelled against the applicant, and the material available on record, including the FIR and the statements recorded under Section 183 of the BNSS, which prima facie indicate that the victim, being a major, was in a consensual relationship with the applicant, during which a physical relationship was established and thereafter the relationship could not materialize, leading to the lodging of the present FIR, and further taking into account that the applicant has been in custody since 25.10.2025 and that the trial is likely to take considerable time to conclude, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case. 7. 7. Let applicant, Arihant Jain @ Raju, involved in Crime No. 480/2025, registered at Police Station : Jagdalpur District- Bastar (C.G.) for the offence punishable under Sections 64(1), 64(2)(m) 296, 115(2), 351(2) and 89 of the BNS, be released on bail on furnishing 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 his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav