1 2025:CGHC:10275 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1637 of 2025 Rajesh Kurre S/o Ganeshram Kurre Aged About 27 Years R/o Village - Barbhanta, P.S.- Kedar, Sarangarh, Dist-Sarangarh- Bilaigarh C.G. ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, P.S. Kedar, Dist- Sarangarh- Bilaigarh C.G. ... Non-applicant For Applicant : Mr. C.P. Lahrey, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 03.03.2025 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. 03/2025 registered at Police Station : Kedar, District – Sarangarh - Bilaigarh (C.G.) for the offence punishable under Sections 64 and 332(B) of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's story, in brief, is that on 31.12.2024, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.04 10:44:18 +0530 2 at approximately 10:00 PM, the applicant entered the victim’s house and allegedly committed forcible sexual intercourse with her. Thereafter, the aforesaid offences were registered against the applicant. 3. The learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in the present case. He further submits that the victim, a married lady, did not suffer any medical injuries that would corroborate the allegations against the applicant. He further submits that the applicant is in jail since 05.01.2025, 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 counsel State counsel opposes the bail application of the present applicant and submits that the charge- sheet has already been submitted before the competent Court. She further submits that the present applicant entered into the house of the complainant and committed forcefully sexual intercourse with her, 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 circumstances of the case, the nature and gravity of the offense, and upon perusal of the victim's statement recorded under Section 183 of the BNSS, it appears that the victim, a married lady, did not suffer any medical injuries that 3 would corroborate the allegations against the applicant. Also considering the fact that the charge-sheet has been submitted before the competent Court in the present case and the applicant has been in jail since 05.01.2025 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, Rajesh Kurre, involved in Crime No. 03/2025 registered at Police Station : Kedar, District – Sarangarh - Bilaigarh (C.G.) for the offence punishable under Sections 64 and 332(B) of the Bhartiya Nyaya 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 4 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