1 2025:CGHC:7541 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1225 of 2025 Jeeshan Ahmad Khan S/o Abdul Saleem Khan Aged About 21 Years R/o Arjunda, Ps Arjunda, District - Balod (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Arjunda, District - Balod (C.G.) ... Non-applicant For Applicant : Mr. Priyank Rathi, Advocate For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12/02/2025 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. 211/2024 registered at Police Station : Arjunda, District : Balod, (C.G.) for the offence punishable under Sections 127(3), 115(2), 62, 64, 351(2) and 3(5) of the Bharitya Nyay Sanhita, 2023. 2. As per the prosecution's story, in brief is that the victim lodged a written complaint stating that on November 5, 2024, the applicant called her and threatened that if she did not marry him, he would RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.02.13 11:14:08 +0530 2 either take his own life or murder her family members. On November 6, 2024, the applicant allegedly took her to Durga Temple, Durg, where he forcibly married her. He then took her to his home; however, his parents refused to accept them. Consequently, they went to a nearby dhaba, which had been closed for a long time. While they were there, a friend of the applicant arrived upon his request. That night, the applicant’s friend attempted to force himself on the victim but left after some time. The next day, the applicant allegedly took her back to his home, threatening her to tell his parents that she had married him of her own free will. Thereafter, the victim began living in the applicant’s house. The victim further alleged that in the applicant’s house, both the applicant and his father physically assaulted her, forcibly engaged in sexual relations with her, prohibited her from speaking to anyone, and administered injections that made her feel dizzy. They also allegedly deprived her of food. Eventually, on November 15, 2024, when no one was present at home, the victim managed to take the maid’s cellphone and called her parents, narrating the entire incident. Her parents then arrived and took her away. Based on the victim’s complaint, the police arrested the applicant. 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 major girl and they were in a consensual relationship since 2023 and when the family of the present applicant came to know about their relationship, they objected, as the victim belongs to Hindu community and the 3 applicant is Muslim, even that the victim came in the house of the applicant and started living there and when the member of Bararng Dal came to know about this, they influenced and pressurized the victim to lodge the FIR against the applicant. He further submits that there is no any explanation has been given in the delay column for lodging FIR despite as per victim called her parents on 15.11.2024 and left the applicant’s home on same day, the present FIR has been lodged on 17.11.2024 and date of occurrence of offence has been stated from 06.11.2024 to 17.11.2024 hence, it can be clear seen that the FIR lodged against the applicant is completely false and fabricated. He further submits that other co-accused persons i.e. father of the applicant has been granted bail by the trial Court and mother of the applicant has been granted anticipatory bail by this Court and applicant’s friend has been released on Muchalka by the trial Court. He also submits that the present applicant is in jail since 18.11.2024 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- sheet has been submitted before the competent Court in the present case. He further submits that the present applicant/accused and his father physically assaulted her, forcibly engaged in sexual relations with her, prohibited her from speaking to anyone, and administered injections that made her feel dizzy and also deprived her of food, therefore, he is not entitled for grant of regular bail. 4 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 from the perusal of statement of victim recorded, it appears that the victim who is a major girl and having a consensual relationship with the applicant and she was a consenting party, further other co-accused persons i.e. father of the applicant has been granted bail by the trial Court and mother of the applicant has been granted anticipatory bail by this Court and applicant’s friend has been released on Muchalka by the trial Court, 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 18.11.2024 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, Jeeshan Ahmad Khan, involved in Crime No. 211/2024 registered at Police Station : Arjunda, District : Balod, (C.G.) for the offence punishable under Sections 127(3), 115(2), 62, 64, 351(2) and 3(5) of the Bharitya 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 5 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 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