1 2025:CGHC:11895 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 841 of 2025 Umesh Yadav S/o Late Puneet Ram Yadav Aged About 30 Years R/o Behind Nandu Garrage, Telipara Police Station City Kotwali, Bilaspur, District- Bilaspur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station City Kotwali Bilaspur, District – Bilaspur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Amit Kumar, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 02/2025, registered at Police Station City Kotwali Bilaspur, District – Bilaspur (C.G.) for the offence punishable under Section 64 of the Bharatiya Nyaya Sanhita (BNS). 2. The prosecution story, in brief, is that according to the case diary, victim moved a written report before the Police Station concerned RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 stating that the applicant/accused given the false pretext of marriage and done the sexual assault with the victim from 30.07.2024 to 10.12.2024. Therefore, the Police Station concerned has registered the FIR. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the victim is a major girl and there was some relationship made between the applicant and the victim, and thereafter, a consensual sexual relationship was established between both of them, but the relationship could not be materialized, hence, she filed the FIR and she is the consenting party. It is also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 03.01.2025 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. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. It is further submitted that victim moved a written report before the Police Station concerned stating that the applicant/accused given the false pretext of marriage and done the sexual assault with the victim from 30.07.2024 to 10.12.2024. Therefore, the applicant is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the 3 materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant and period of detention in jail, further the fact that the victim is a major girl and there was some relationship made between the applicant and the victim, and thereafter, a consensual sexual relationship was established between both of them, but the relationship could not be materialized, hence, she filed the FIR and she is the consenting party, also the fact that the charge-sheet has been filed in the present case, the applicant is in jail since 03.01.2025 and the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let applicant - Umesh Yadav involved in Crime No. 02/2025, registered at Police Station City Kotwali Bilaspur, District – Bilaspur (C.G.) for the offence punishable under Section 64 of the BNS, 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 4 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 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 Rajshekhar