1 2025:CGHC:4723 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 743 of 2025 Prashant Kumar Chaturvedi S/o Shailesh Kumar Chaturvedi Aged About 27 Years R/o Village Ghughwa, Police Station Old Bhilai, Durg, District Durg, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The S.H.O. Police Station Old Bhilai, Durg, District Durg, Chhattisgarh. ... Non-applicant For Applicant : Mr. Aman Tamrakar, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 27.01.2025 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. 505/2024 registered at Police Station : Old Bhilai, District – Durg (C.G.) for the offence punishable under Sections 376(2)(n) and 506 of the Indian Penal Code. 2. The prosecution's story, in brief, is that on 11.12.2024, the complainant filed a report against the applicant. In May 2022, the applicant allegedly called the complainant, stating he had important ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.28 12:04:03 +0530 2 work with her. He then summoned her to his poultry farm house in Ghughwa, where her husband was supposedly present. Upon arrival, the applicant allegedly locked her in a room and demanded sex, threatening to share intimate photos with her family if she refused. He then allegedly raped her. On July 4, 2024, the applicant allegedly called the complainant to Ghughwa again and forcibly had physical relations with her. He then sent intimate photos to the complainant's husband's mobile number. The complainant reported the incident to her husband, leading to the applicant's arrest. The police registered Crime Number 505/2024 against the applicant under Sections 376(2)(n) and 506 of the IPC. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He submits that the victim is a married lady aged about 32 years and the victim herself willingly made a sexual relationship with the present applicant. He also submits that the applicant is in jail since 27.12.2024 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 present applicant forcefully committed sexual intercourse with the victim, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstance of the case, nature and gravity of offence and also considering the fact that the victim aged about 32 years, a married lady and after the delay of 02 years the present FIR has been lodged against the applicant. Also considering the fact that the charge-sheet has been submitted before the competent Court in the present case and the applicant has been in jail since 27.12.2024 and the trial is likely to take sometime for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Prashant Kumar Chaturvedi, involved in Crime No. 505/2024 registered at Police Station : Old Bhilai, District – Durg (C.G.) for the offence punishable under Sections 376(2)(n) and 506 of the Indian Penal Code, 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 4 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 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 forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek