1 2025:CGHC:6874 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1080 of 2025 Ramji Rajput, S/o Nandlal Rajput, Aged About 32 Years, R/o Village - Kheda Sambalpur, Tahsil - Nawagarh, Police Station - Maro, District - Bemetara Chhattisgarh. ... Petitioner versus State Of Chhattisgarh Through Station House Officer, Police Station - Mahila Thana Bilaspur, District - Bilaspur Chhattisgarh. ... Respondent For Petitioner : Mr. Dharmesh Shrivastava, Advocate For Respondent : Ms. Smriti Shrivastava, P.L. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 06.02.2025 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 on 27/12/2024 in connection with Crime No.90/2024 registered at Police Station – Mahila Thana Bilaspur, District-Bilaspur (Chhattisgarh) for the 2 offence punishable under Sections 64(2)(m) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution's case in brief is that on 26.12.2024 the complainant preferred a written report before the Police Station Mahila Thana Bilaspur, alleging inter alia that the present applicant has committed sexual intercourse against her on the false pretext of marriage since 11.05.2024, and threatened to kill her, on the basis of the written complaint, the Police of Police Station Mahila Thana Bilaspur registered an offence bearing Crime No.90/2024, against the present applicant for the offence punishable under Section 64(2)(m) of Bhartiya Naya Sanhita, 2023. 3. Learned counsel for the applicant submits that the present applicant is innocent and he has been falsely implicated in this case and submits that the report lodged against him, is on the basis of false, fabricated and afterthought story. It is further submitted that the police has sent the slide of under garment of the present applicant and the complainant for chemical examination before the Regional Forensic Science Laboratory, in which, no semen stains and human sperm were found on the said articles, which shows that no offence has been committed by the present applicant. It is further submitted that the allegations made in the first information report did not constitute prima facie case under Section 64(2)(m) of the Bhartiya Nyaya Sanhita 2023 against the present applicant. It is lastly submitted that the applicant in jail since 27.12.2024, 3 charge-sheet has been filed and conclusion of the trial is likely to take a quite long time, therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application by submitting that the present applicant has committed sexual intercourse with the complainant on the false pretext of marriage and also threaten to kill her, on the basis of which, a prima facie case is made out against the present applicant. It is also submitted that the charge-sheet has been submitted in the present case before the competent Court and also endorse the said submission made by the learned counsel for the applicant. He further submits that looking to the nature and gravity of allegation, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 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 the consenting party and there is no material on record which constitute prima facie case against the present applicant and there is no criminal antecedent against the applicant and also considering the fact that the charge-sheet has already been filed before the competent Court and he has been in jail since 27.12.2024 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 4 7. Let the applicant – Ramji Rajput, involved in Crime No. 90/2024 registered at Police Station – Mahila Thana Bilaspur District- Bilaspur, Chhattisgarh, for the office punishable under Section 64(2) (m) of Bharatiya Nyaya Sanhita, 2023 be released on bail on 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 her counsel. In case of his absence, without sufficient 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. 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 him 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 Arpan