1 2025:CGHC:61518 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9756 of 2025 • Pawan Baghel S/o Anil Baghel Aged About 25 Years R/o Kharkena, Police Station Hirri, District Bilaspur, Chhattisgarh. ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Hirri, District Bilaspur, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Ravi Kumar Banjare, Advocate For Respondent/State : Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/12/2025 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.221/2025 registered at Police Station Hirri, District-Bilaspur (C.G.), for the offence punishable under Sections 64(2)(M), 296, 351(2) of BNS, 2023. 2. Case of the prosecution, in brief, is that on the basis of written complaint lodged by the complainant Priyanka Kurre before the Station House Officer at P.S. Hirri where she had allegedly mentioned he has forcibly committed sexual enter course upon her and on 2 04.08.2025 the applicant had also come to her home and when the fact was known to her husband and he asked her to go back to parental home and on the basis of report lodged by the complainant, thereafter FIR has been registered against the applicant, hence this bail application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. He also submits that applicant applicant happens to be brother-in-law of the prosecutrix and she had consensual relationship with the applicant, when the said fact was known to her husband and he asked her to go back to parental home, she was lodged an FIR against the applicant. He also submits that prosecutrix is a major lady having children and there is no internal or external injuries found has been found on the body of the prosecutrix. The applicant is in jail since 15.09.2025 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. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has one previous criminal antecedent bearing crime No.294, 506, 427, 34, 341 of IPC, in which applicant was on bail. He further submits that as per the statement recorded under Section 183 of BNS by the victim, applicant has forcibly committed sexual enter course upon her, therefore applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and considering the fact that there was no injury has been found on the body of the prosecutrix, she is major lady and consenting party, applicant is in jail since 15.09.2025 and the charge-sheet has been filed 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. 7. Let the applicant – Pawan Baghel, involved in Crime No.221/2025 registered at Police Station Hirri, District-Bilaspur (C.G.), for the offence punishable under Sections 64(2)(M), 296, 351(2) of BNS, 2023, be released on bail on their 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 84 of BNSS. is issued and 4 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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali