1 2025:CGHC:13123 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 718 of 2025 Litesh Narang S/o Shivnarayan Narang Aged About 28 Years R/o In Front Of Police Station - Patan, Tahsil - Patan, District Durg Chhattisgarh Presently R/o Lokmanya Society, D.D.U. Nagar, Near Gopal Chowk, Raipur, District Raipur Chhattigarh ... Applicant versus State of Chhattisgarh Through Station House OfÏcer P.S. Tikrapara, Raipur, District – Raipur, Chhattisgarh ... Non-Applicant For Applicant : Mr. Akhtar Hussain, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 19/03/2025 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. 1011/2024, registered at Police Station – Tikrapara, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 64 and 3(5) of Bharatiya Nyay Sanhita, 2023 (in short ‘B.N.S.’). PREETI KUMARI Digitally signed by PREETI KUMARI 2 2 The case of the prosecution, in brief, is that on 26.12.2024, the victim/complainant reported to the Tikrapara police station in Raipur, Chhattisgarh, alleging that she was acquainted with the accused persons. On 25.12.2024, they asked her to join them for an outing, which she initially refused but eventually agreed to. After visiting various places, the accused took her to the residence of Vikas, one of the accused, in Kamal Vihar Colony, Raipur. There, they offered her an alcoholic drink, and after consuming it and smoking, she became intoxicated. While she was asleep, Vikas allegedly raped her. Upon returning home, the victim informed her mother about the incident, leading to a police report. Consequently, the Tikrapara police registered a case and arrested the accused for the alleged offence. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the victim is a major girl and apparently she went voluntarily with the applicant and other co-accused, namely, Vikas. He further submitted that the main allegation is against the co-accused, namely, Vikas. He also submitted that the applicant has no previous criminal antecedents, charge-sheet has been filed and the applicant is in jail since 27.12.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case. 5 I have heard learned counsel for the parties and perused the documents available on record. 3 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the victim is a major girl and apparently she went voluntarily with the applicant and other co-accused, namely, Vikas, also considering the fact that as per statement of the victim recorded under Section 183 of B.N.S.S., it appears that the main allegation is against the co-accused, namely, Vikas and further, the applicant has no previous criminal antecedents, the charge-sheet has been filed and he is in jail since 27.12.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7 Accordingly, the bail application is allowed. Let the applicant - Litesh Narang, involved in Crime No. 1011/2024, registered at Police Station – Tikrapara, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 64 and 3(5) of Bharatiya Nyay Sanhita, 2023 (in short ‘B.N.S.’), 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 4 cause, the trial court may proceed against his 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 fixed in such proclamation, then, the trial court shall initiate proceedings against his, 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 his 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