1 2025:CGHC:7559 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1202 of 2025 Ramnath Korram S/o Samlu Korram Aged About 22 Years R/o Village Mandlapal Patelpara P.S. Bhanpuri District - Bastar (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Police Station Bhanpuri District - Bastar (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Pravin Kumar Tulsyan, Advocate. For Non-Applicant(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/02/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 187/2024 registered at Police Station Bhanpuri District - Bastar (C.G.) for the offence punishable under Sections 69, 64(2)(m) of Bharatiya Nyaya Sanhita (for short ‘BNS’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that an FIR has been lodged by victim alleging that the present applicant and victim were known to each other since 2023 and the applicant had established physical relationship with her on the false pretext of marriage and later on, refused to marry her, thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the victim is a major girl aged about 21 years and she was a consenting party, they both were in relationship since 2023 and when their relationship could not be materialized, present FIR has been lodged by the victim against the applicant to harass him. The applicant is in jail since 06.01.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of 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. She further submits that applicant had established physical relationship with victim, who is 21 years old young girl on the pretext of marriage and later on, refused to marry her. She also submits that MLC Report is positive, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 06.01.2025, the fact that thought the allegation against the applicant that he established physical relationship with victim on the pretext of marriage and later on, refused to marry her, but victim is 21 years old major girl and she was a consenting party, victim and applicant were in relationship since 2023 and when their relationship could not be materialized, present FIR has been lodged by victim against the applicant to harass him, also considering the MLC Report and the statement of victim recorded under Section 183 of BNSS, further the applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant-Ramnath Korram, involved in Crime No. 187/2024 registered at Police Station Bhanpuri District - Bastar (C.G.) for the offence punishable under Sections 69, 64(2)(m) of 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 trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil