1 2025:CGHC:8659 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1402 of 2025 Vinod Singh S/o Larang Sai Khairwar Aged About 25 Years R/o Village Charhatkala Police Statiion Samripath District Balrampur Ramanujganj Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station Samripath District Balrampur Ramanujganj Chhattisgarh. ... Non-applicant For Applicant : Mr. Rohitashva Singh, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 19.02.2025 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. 16/2024 registered at Police Station : Samripath, District – Balrampur - Ramanujganj (C.G.) for the offences punishable under Sections 450, 376(2)(n), 506 of the Indian Penal Code. 2. According to the impugned order, the facts of the case are as follows: ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.20 12:39:20 +0530 2 The prosecutrix filed a written report at Samripath Police Station, stating that the accused, Vinod, entered her house at night on 08.04.2024, and committed rape. He also threatened to kill her. Based on this report, a crime was registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that as per the report, the incident was happened on 08.04.2024 but report was lodged after delay of 06 days and there is no explanation why delay has been occurred for lodging report. Which clearly indicates that the instant case is false and fabricated. He further submits that the victim is a major girl and having an afÏar with the applicant prior to the marriage and after the the marriage of the victim she continued the relationship with the applicant which shows that the victim was a consenting party. He further submits that the victim is not appearing beforeh the trial Court and also not givint her statement before the trial Court and many times summons and warrant has been issued against the victim but she is not presenting herself for the recording of her statement. He further submits that the applicant is in jail since 15.04.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that present applicant entered in the house of the victim at night on 08.04.2024, and committed rape, therefore, he is not entitled for grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case, and further considering that the victim, a 22-year-old major, had an affair with the applicant, which continued even after the victim's marriage, it appears that the victim was a consenting party, moreover, It appears from the order-sheets of the trial Court that, despite being summoned and a bailable warrant being issued against her for the purpose of recording her evidence, the victim failed to appear before the trial court, further the applicant is in jail since 15.04.2024, the trial is likely to take sometime for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Vinod Singh, involved in Crime No. 16/2024 registered at Police Station : Samripath, District – Balrampur - Ramanujganj (C.G.) for the offences punishable under Sections 450, 376(2)(n), 506 of the Indian Penal Code, 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. 4 (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 forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek