1 2025:CGHC:57196 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8707 of 2025 Anikesh Dewangan @ Manish S/o Shri Gulab Chand Aged About 25 Years R/o Mahuapara, P.S. And Distt. Surajpur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer Surajpur, Distt. Surajpur, Chhattisgarh. ---- Respondent For Applicant : Ms. Kiran Sahu, Advocate For Respondent/State : Ms. Nupur Trivedi, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 25/11/2025 1. Pursuant of order dated 07.11.2025, victim and her brother appeared through virtual mode from the DLSA – Surajpur and raised objection for grant of bail to the applicant. Her submission is taken on record. 2. The applicant has been preferred this first bail application under Section 483 of the BNSS, 2023 for grant of regular bail. The applicant is arrested in connection with Crime No.380/2025, registered at Police 2 Station- Surajpur, District Surajpur (C.G.) for the offence punishable under Sections 376(2)(n), 450 of IPC and Section 6 of the POCSO Act. 3. Brief facts of this case are that on 01.08.2025, the prosecutrix has lodged an FIR against the applicant with the allegation that from 2019 to 25.03.2025, the applicant has committed sexual intercourse with the prosecutrix under the pretext of marriage and thereafter, the applicant has solemnized marriage with another woman. 4. Learned counsel for the applicant contended that the applicant is innocent and he has falsely been implicated in the alleged crime, he has not committed any offence as alleged against him. She further contended that the applicant and the prosecutrix were having love affair and the applicant being the only bread earner in his family and putting behind the bar anymore will throw the applicant's families to starvation. It is a case of false implication and the Charge-Sheet is already filed by the prosecution agency. The applicant is in jail since 22.08.2025 and chargesheet has already been filed, and in this way, the trial will take long time for its conclusion and if the benefit of regular bail is not extended to the applicant, then their future will be affected. 5. Per contra, learned counsel for the State opposes the bail application submitted by the applicant. 6. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 3 7. Taking into consideration the facts and circumstances of the case, submission made by counsel for the parties and further considering the fact that the applicant and the victim were acquainted with each other since long and had in physical relationship since 2019 and the report was lodged on 01.08.2025, there is inordinate delay in lodging the FIR. The applicant is in jail since 22.08.2025 and 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. 8. Let the applicant involved in Crime No.380/2025, registered at Police Station- Surajpur, District Surajpur (C.G.) for the offence punishable under Sections 376(2)(n), 450 of IPC and Section 6 of the POCSO Act, be released on bail on his furnishing a personal bond of Rs.10,000/- with one surety 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 BNS, 2023. 4 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of the BNSS, 2023 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 BNS, 2023. (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, 2023. 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) Judge Vasant