1 2025:CGHC:51528 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8261 of 2025 Naresh Kawar S/o Jahur Kawar Aged About 37 Years R/o Ward No. 04, God Para, Bajrang Chowk, Village - Kurud, District Dhamtari C.G. ... Applicant versus State Of Chhattisgarh Through Police Station- Baghbhara, District – Mahasamund, C.G. ... Non-applicant For Applicant : Mr. Virendra Kashyap, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 255/2025, registered at Police Station – Mahasamund, District – Mahasamund (C.G.) for the offence punishable under Sections 64 and 351(3) of the BNS and Sections 66 and 67 of Information Technology Act, 2000. 2. The prosecution story, in brief, is that the victim lodged a compliant against the applicant that on 12.01.2025 applicant had forcefully made physical relation with victim against her will by threatening to kill her and taking her photo with her on his mobile and sending it to another person Bhojram Nishad through Whatsapp. Hence, this application. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 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. It is submitted that the victim is a major girl aged about 21 years old, and though the applicant is said to have sexually assaulted the victim and committed rape on her, but the FIR of the incident was lodged after 6 months of the incident, and though it is stated that according to the statement given by the victim some internal and external injuries and sexual assaults are happened to her, but the MLC report goes to show that there is no injuries found on her person. It is also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 13.06.2025 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. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. It is further submitted that on 12.01.2025, the applicant had forcefully made physical relation with victim against her will by threatening to kill her and taking her photo on his mobile and sending it to another person Bhojram Nishad through Whatsapp. Therefore, the applicant is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant and period of detention in jail, further the fact that the victim is a major girl aged about 21 years old, and though the applicant is said to have sexually assaulted the victim and committed rape on her, but the FIR of the incident was lodged after 6 months of the incident, and though it is stated that according to the 3 statement given by the victim some internal and external injuries and sexual assaults are happened to her, but the MLC report goes to show that there is no injuries found on her person, also the fact that the charge- sheet has been filed in the present case, the applicant is in jail since 13.06.2025 and the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let applicant – Naresh Kawar, involved in Crime No. 255/2025, registered at Police Station – Mahasamund, District – Mahasamund (C.G.) for the offence punishable under Sections 64 and 351(3) of the BNS and Sections 66 and 67 of Information Technology Act, 2000, be released on bail on his furnishing a personal bond with two 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. (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 4 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 for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar