1 2025:CGHC:50158 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6849 of 2025 Raju Yadav S/o Devprasad Yadav Aged About 19 Years R/o Village- Silaju, P.S. - Ramchandrapur, District - Balrampur-Ramanujganj (C.G.) ... Applicant versus State Of Chhattisgarh Through- P.S. - Ramchandrapur, District- Balrampur- Ramanujganj (C.G.) ... Respondent For Applicant : Shri Navneet Kumar Yadav, Advocate. For Respondent/State : Shri Sakib Ahmed, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/10/2025 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.20/2025 registered at Police Station Ramchandrapur, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 64, 351(3), 127 and 331(4) of BNS Act, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.09 16:54:37 +0530 2 2. Case of the prosecution, in brief, is that on 26.06.2025 the prosecutrix has lodged written complaint before the police station Ramchandrapur stating that the applicant has committed forcibly sexual intercourse with her on 28.12.2024. Therefore the police station Ramchandrapur has registered a case as Crime Number 20/2025 for offence punishable under section 64, 351(3), 127 and 331(4) of BNS Act, 2023 against the applicant and charge sheet was filed before the learned Court below. 3. It has been argued by learned counsel for the applicant that the victim is a married woman having a five year old female child. It is stated that victim’s husband had gone to Gujrat for earning his livelihood and it appears that she was a consenting party and when her husband came to know about the said fact, there was a dispute between them on account of which present FIR has been lodged by the victim. He would submit that the charge sheet has been filed in this case and the applicant is in jail since 26/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. 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, perused the statement of the victim under Section 183 BNSS, considering the fact that the victim is a married woman having a five year old female child and victim’s husband had gone to Gujrat for earning his livelihood and it appears that she was a consenting party 3 and when her husband came to know about the said fact, there was a dispute between them on account of which present FIR has been lodged by the victim, considering the period of detention of the applicant since 26/06/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Raju Yadav, involved in Crime No.20/2025 registered at Police Station Ramchandrapur, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 64, 351(3), 127 and 331(4) of BNS Act, 2023, 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 4 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri