1 2025:CGHC:6332 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1008 of 2025 Chandramani Sharma S/o Late Poshan Sharma, Aged About 26 Years, R/o Sharda Vihar Colony Temri, Police Station - Camp, District - Raipur Chhattisgarh; ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station - Mana Camp, District – Raipur, Chhattisgarh … Non-Applicant For Applicant : Mr. Ali Afzaal Mirza, Advocate. For Non-Applicant/State : Ms. Sudha Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 04/02/2025 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. 386/2024, registered at Police Station – Mana Camp, District Raipur (C.G.) for the offence punishable under Sections 64, 351(2) of Bharatiya Nyaya Sanhita, 2023. 2 The case of the prosecution, in brief, is that the complainant is a Law PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.02.05 15:44:07 +0530 2 Student and is known to the applicant since last 2 month and they used to communicate through cell phone. On 04.09.2024 the complainant while she was working in office of Senior Advocate D. V. Majumdar the applicant called her to enquire about the New BNS Law and said that he would be coming to visit her for getting more information he came in his car and asked her to go to a Cafe but instead a Cafe he took her to New Raipur and when she enquired from him he said that she is save with police officer. He locked the Car and for 4-5 hours, they were rooming in the car. He tried to ravish her and after removing her cloths he pod liquor in her mouth and made her video and threatened her to defame her and committed rape, when she tried to run away, he pushed her inside the car and took her to airport road and said that he is acquainted to many politician and senior police officer and no one can harm him. She somehow managed to call officer posted at Mana Police Station and they took her to Mana Police Station and the applicant also reached there and was threatening her by gestures, when she was living the police station he came on his car and said that he would implicate the family member in false case and get her video viral. Said that he would be living at her house and after reaching her house he again ravished her by threatening her, thereafter he went away and at around 11:30 PM she reached Raipur and lodged report. She has also informed Advocate safety organization Virat Verma about the incident. She has also received a phone call from the mother of the applicant, who was pressurizing her to take back the case. On her report the FIR was registered and after completion was investigation and charge sheet was submitted. 3 It is argued by the learned counsel for the applicant that the applicant 3 is innocent and has been falsely implicated in this case. He further submitted that the applicant and the complainant are acquainted to each other and are friends. He further submits that the dispute arose on account of the issue with regard to Telemarketing and she has not lodge any report with respect to rape against the applicant. The evidence of victim have been taken on 07.01.2025 wherein she has not supported the case of the prosecution. Further, the applicant has no previous criminal antecedents. He later submitted that the charge-sheet has been filed and the applicant is in jail since 07.09.2024 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. 5 I have heard learned counsel for the parties and perused the documents available on record. 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 applicant and the complainant are acquainted to each other and are friends and the dispute arose on account of the issue with regard to Telemarketing and she has not lodge any report with respect to rape against the applicant, further the evidence of victim have been taken on 07.01.2025 wherein she has not supported the case of the prosecution, further, the applicant has no previous the charge-sheet has been filed and he is in jail since 07.09.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 4 7 Accordingly, the bail application is allowed. Let the applicant - Chandramani Sharma , involved in Crime No. 386/2024, registered at Police Station – Mana Camp, District Raipur (C.G.) for the offence punishable under Sections 64, 351(2) of Bharatiya Nyaya Sanhita, 2023 , 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 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. 5 (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