1 2025:CGHC:61261 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8969 of 2025 Sunil Singh Jagte S/o Ramchander Jagte Aged About 28 Years R/o Village Rajkheta, Chowki Wadrafnagar, P.S. Basantpur, Distt. Balrampur-Ramanujganj, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, P.S. Basantpur, Distt. Balrampur-Ramanujganj, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Arun Kumar Shukla, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.12 .202 5 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 36/2025, registered at Police Station - Basantpur, District - Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 296, 115(2), 140(3), 70(1), 127(2), 3(5) of Bharatiya Nyaya Sanhita, 2023. (as per charge framed by the trial Court). 2. As per the prosecution's case, the complainant/ victim lodged a complaint to the P.S. Basantpur, Dist. Balrampur-Ramanujganj on 08.03.2025 PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.17 11:05:51 +0530 2 alleging that on the date of incident 07.03.2025 at about 5.00 pm she had gone to visit Kharhara Sangam in Wadrafnagar with her sisters and village brothers and was taking photographs, at this moment accused persons were came there and started chasing them, then her sister and Ashish fled on the spot and accused thrashed Amit due to which he also fled, thereafter accused Sunil forcibly made her sit on the Scooty and took her towards the forest and raped her. Then the matter was reported to the police station and on the basis of such report an FIR has been registered under Sections 64, 138, 115 3(5) of the Bhartiya Nayay Sanhita against the accused persons and later on 70(1) 127(2) has been added in crime no. 36/2025 in PS Basantpur. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submitted that out of 18 prosecution witnesses, 5 witnesses have been examined, including the victim, and it is stated that although the victim has supported the prosecution case, as per the MLC report, no internal or external injury was found on her person. The applicant has no previous criminal antecedents. The charge-sheet has already been filed in this case, and the applicant has been in jail since 08.03.2025. The trial is likely to take a considerable time for its conclusion; therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application of the applicant. She further submits that the victim has supported the prosecution case in the trial Court against the applicant but could not dispute the fact that the MLC report of the victim is negative. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature 3 and gravity of allegation levelled against the applicant and the fact that out of 18 prosecution witnesses, 5 witnesses have been examined, including the victim, although the victim has supported the prosecution case, as per the MLC report, no internal or external injury was found on her person, further the applicant has no previous criminal antecedents, the charge-sheet has already been filed in this case, and the applicant has been in jail since 08.03.2025, and conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be granted regular bail in this case. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let applicant - Sunil Singh Jagte, respectively involved in Crime No. 36/2025, registered at Police Station - Basantpur, District - Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 296, 115(2), 140(3), 70(1), 127(2), 3(5) of Bharatiya Nyaya Sanhita, 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. 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 BNSS. is issued and the applicants 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti