1 2025:CGHC:7997 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1189 of 2025 Pankaj Ram @ Panchu S/o Garju Ram Aged About 32 Years R/o Kothli, P.S. Sankargarh, District- Balrampur- Ramanujganj, C.G. ... Applicant versus State of Chhattisgarh Through- S.H.O. Police Station- Shankargarh, District- Balrampur- Ramanujganj, C.G. ... Non-applicant For Applicant : Mr. Pushkar Sinha, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.02.2025 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 in connection with Crime No. 165/2024 registered at Police Station : Shankargarh, District- Balrampur- Ramanujganj, (C.G.) for the offence punishable under Sections 64(A), 351(2) of Bhartiya Nyay Sanhita, 2023. 2. As per the prosecution's story, in brief is that the victim lodged a written complaint alleging that on 14.09.2024, at around 11:00– 12:00 PM, after playing Karma Daand, when she was returning home, near the house of Khanhu Ram Cherva, the applicant chased RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.02.14 18:11:03 +0530 2 her and dragged her to the house of Samay Lal. When she started shouting, the applicant threatened to kill her and then forcibly committed sexual assault. After the incident, the applicant fled the scene. Subsequently, an FIR was registered against the applicant under Sections 64(A) and 351(2) of the BNS, and he was later arrested. 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 woman, aged about 34 years. He also submits that the victim has lodged a false report due to minor previous domestic dispute and, to take revenge, has falsely roped the applicant in this case, even though he never committed any kind of offence against the victim. He further submits that even though the victim is major and if anything happen then only with the consent of victim and further there is unexplained delay in lodging the FIR, for which no satisfactorily explanation has been given. He further submits that though the allegation against the applicant is that he forcefully committed sexual intercourse with the complainant/victim, but the same is not corroborated by the FSL and MLC reports of the victim. He further submits that the present applicant is in jail since 29.09.2024 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 charge- 3 sheet has been submitted before the competent Court in the present case. He further submits that the present applicant/accused chased the complainant/victim and dragged her to the house of Samay Lal. When she started shouting, the applicant threatened to kill her and then forcibly committed sexual assault, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and the fact that though the allegation against the applicant is that he forcefully committed sexual intercourse with the complainant/victim, but the same is not corroborated by the FSL and MLC reports of the victim and she has lodged a false report due to minor previous domestic dispute and to take revenge, has falsely roped the applicant in this case, further considering the fact that there is unexplained delay in lodging the FIR, for which no satisfactorily explanation has been given and also considering the fact that the charge-sheet has already been submitted in the present case before the competent Court and the present applicant is in jail since 29.09.2024 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Pankaj Ram @ Panchu, involved in Crime No. 165/2024 registered at Police Station : Shankargarh, District- Balrampur- Ramanujganj, (C.G.) for the offence punishable under 4 Sections 64(A), 351(2) of Bhartiya Nyay Sanhita, 2023, 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 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 5 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 Rahul Dewangan