1 2025:CGHC:42713 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6626 of 2025 Nikhil Verma S/o Kamta Prasad Verma Aged About 26 Years R/o Village Devri, P.S. Bhatapara (Rural), Distt. Balodabazar-Bhatapara, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House O昀케cer (S.H.O.), P.S. Bhatapara (Rural) District – Balodabazar-Bhatapara, Chhattisgarh. ... Non-applicant For Applicant : Mr. Ravi Ku. Kashyap, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.08.2025 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. 317/2025, registered at Police Station – Bhatapara (Rural) District – Balodabazar-Bhatapara (C.G.) for the o昀昀ence punishable under Section 64 and 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The prosecution story, in brief, is that the FIR was lodged by the victim alleging that the victim and the accused came in contact through Instagram and thereafter the applicant lured the victim with false RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 promises of marriage and made forcible sexual intercourse with her at his residence despite her objections, and engaged in repeated sexual relations under the pretext of marriage and later on he refused to marry her. Hence, this application. 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 and there was some a昀昀air made between the applicant and the victim for an year, and thereafter, a consensual sexual relationship was established between both of them, but the relationship could not be materialized, hence, she 昀椀led the FIR. It is also submitted that the charge-sheet has been 昀椀led in this case. The applicant is in jail since 08.07.2025 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 昀椀led in the present case. It is further submitted that the applicant has committed sexual intercourse with the victim on the pretext of marriage, and thereafter, he refused to marry her. 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 and there was some a昀昀air made between the applicant and the victim for an year, and thereafter, a consensual sexual relationship was established between both of them, 3 but the relationship could not be materialized, hence, she 昀椀led the FIR, also the fact that the charge-sheet has been 昀椀led in the present case, the applicant is in jail since 08.07.2025 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. Let applicant – Nikhil Verma involved in Crime No. 317/2025, registered at Police Station – Bhatapara (Rural) District – Balodabazar-Bhatapara (C.G.) for the o昀昀ence punishable under Section 64 and 69 of the BNS, 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 昀椀le an undertaking to the e昀昀ect that he shall not seek any adjournment on the dates 昀椀xed 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 昀椀xed, either personally or through his counsel. In case of his absence, without su昀케cient 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 昀椀xed 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 昀椀xed 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 su昀케cient 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. 4 8. O昀케ce is directed to send a certi昀椀ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar