1 2025:CGHC:55227 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8063 of 2025 • Vikesh Kujur S/o- Jagsai Kujur Aged About 30 Years (Wrongly Mentioned In Order Sheet As Vikesh Kuju) R/o - Village - Ramnagar, P.S.- Kusmi, District - Balrampur-Ramanujganj, C.G. ... Applicant versus • State Of Chhattisgarh Through - S.H.O., P.S.- Korandha, District - Balrampur-Ramanujganj, C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Pushkar Sinha, Advocate For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/11/2025 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.19/2025 registered at Police Station Korandha, District-Balrampur-Ramanujganj (C.G.), for the offence punishable under Sections 64(2)(m), 69 of BNS. 2. Case of the prosecution, in brief, is that the victim has lodged the FIR against the present applicant alleging that the applicant has been committing forceful sexual intercourse with her, on the pretext of marriage, thereafter he is marrying to another woman. On the basis VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.14 15:58:01 +0530 2 of said complaint, afaoresaid offences have been registered against the present applicant. 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 the she was a consenting party and victim is a major lady aged about 30 years. He further submits that earlier the same victim had lodged the FIR against the applicant for similar offence in the year 2020, in which applicant has been acquitted. The applicant is in jail since 27.05.2025 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 love relationship with the applicant since 2012-2013 and also became pregnant of five months, but the applicant denied to married her, whereas applicant marrying to another women, therefore he lodged an FIR against him 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 a major girl aged about 30 years and earlier she lodged an FIR against the applicant for similar offence in 3 the year 2020, in which applicant has been acquitted and he is in jail since 27.05.2025 and the charge-sheet has been filed, looking to the fact that present applicant and the victim were in a relationship and she was a consenting party, further the 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 – Vikesh Kujur involved in Crime No. 19/2025 registered at Police Station Korandha, District-Balrampur- Ramanujganj (C.G.), for the offence punishable under Sections 64(2) (m), 69 of BNS, be released on bail on their 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 4 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