1 2025:CGHC:57018 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9477 of 2025 Sagar Shriwas S/o Shri Ghanaram Shriwas Aged About 27 Years R/o - Village - Patadhi, Police Station - Urga, Tehsil And Distt - Korba, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through - Station House OfÏcer, Thana - Urga, District- Korba, Chhattisgarh. ... Non-applicant For Applicant : Mr. Sanjay Patel, Advocate For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.11.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 444/2025 registered at Police Station : Urga, District- Korba (C.G.) for the offence punishable under Section 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story in brief is that the victim moved a written report on 30.09.2025 alleging that since August 2024, she had been in conversation over the phone with the applicant. One day, the RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 applicant came to meet the victim at Korba and stated that he would marry her as he loved her. Trusting his words, on 10.12.2024 the applicant established physical relations with her. Again, on 28.12.2024, he established physical relations with her, and thereafter he continued to make physical relations with her on the pretext of marriage, but later he refused to marry her. Hence, this bail application. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the case, that the complainant and the applicant became friends through Facebook, exchanged phone numbers and used to talk, but the applicant had never seen her before 28.12.2024, when he first met her at her beauty parlour and, noticing that she was 49 years old, refused to marry her, which annoyed the complainant and led to the filing of the FIR. It is submitted that no offence under Section 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023 is made out as the complainant had been threatening the applicant that if he did not marry her, she would make their recorded conversations public and falsely implicate him in a rape case. It is further submitted that no forcible sexual intercourse or physical relationship without consent ever took place, and considering that the complainant is a well-educated 49-year-old lady running a beauty parlour, she was fully aware of the implications of the relationship and voluntarily consented to it. Both parties being major and educated individuals, it cannot be said that the applicant induced her by a false promise of marriage. There is also an unexplained delay in lodging the FIR, as the alleged 3 incidents date from 10.12.2024 to 28.12.2024, yet the complaint was filed after about nine months without any justification for such delay. He further submits that the present applicant is in jail since 30.09.2025 and the conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has been submitted before the competent Court in the present case. He further submits that the present applicant/accused forcefully committed sexually intercourse with the victim on the pretext of marriage, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and from the perusal of statement of victim recorded, it appears that the victim who is a major girl aged about 49 years having a consensual relationship with the applicant and she was a consenting party and also considering the fact that the charge-sheet has already been submitted in the present case before the competent Court and the present applicant is in jail since 30.09.2025 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Sagar Shriwas, involved in Crime No. 444/2025 registered at Police Station : Urga, District- Korba (C.G.) for the 4 offence punishable under Section 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two 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 sufÏcient 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 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 5 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 sufÏcient 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. OfÏce 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 Rahul Dewangan