1 (MCRC No. 660 of 2025) 2025:CGHC:4454 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 660 of 2025 1 - Tukaram Yadav S/o Babulal Yadav Aged About 22 Years R/o Village- Kuhimal, Basti Para, Police Station- Amlipadar, District- Gariyaband (C.G.) --- Applicant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station- Amlipadar, District- Gariyaband (C.G.) --- Non-applicant(s) (Cause title taken from the Case Information System) For Applicant : Mr. Shivendu Pandya, Advocate For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 24.01.2025 1. This is the First bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 88 of 2024 registered at Police Station : Amlipadar, District – Gariyaband (C.G.) for the offence punishable under Section 376(2)(n) of IPC. ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.01.25 14:03:07 +0530 2 (MCRC No. 660 of 2025) 2. The prosecution case, in brief, is that the present applicant made sexual relationship with the prosecutrix who is major, on the pretext of marriage. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in the present case. That, both the applicant and the prosecutrix are major, they had love affair and there was mutual consent between them. It is further argued that there is no plausible explanation for the delay caused in lodging the FIR. That, there is no legally admissible evidence against the applicant which would lead to his conviction. It is further submitted that the applicant is 22 years of age and he has no criminal history. That the applicant is in jail since 14.11.2024 i.e. for more than two months, which is causing great hardships to his family members and since the conclusion of trial will take some time, therefore, he prays that the applicant be enlarged on bail. 4. Learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this matter and the applicant does not deserve to be released on bail at this juncture. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature 3 (MCRC No. 660 of 2025) and gravity of offence and also considering the fact that the applicant and the prosecutrix both are major and were engaged in a relationship and the applicant is in jail since 14.11.2024 i.e. for more than two months and trial is likely to take sometime for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Tukaram Yadav involved in Crime No. 88 of 2024 registered at Police Station : Amlipadar, District – Gariyaband (C.G.) for the offence punishable under Section 376(2)(n) of IPC, be released on bail on him furnishing a personal bond with two local sureties, in the like amount 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 the Bhartiya Nyaya Samhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence 4 (MCRC No. 660 of 2025) 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 Bhartiya Nyaya Samhita. (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 concerned trial Court forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice @d!t!