Order on Board

05.12.2024

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. 176/2024 registered at Police Station : Pithoura, District Mahasamund (C.G.) for the offence punishable under Section 64(2)

(m) of Bhartiya Nyay Sanhita, 2023. (For short BNS)

2. As per the prosecution's story, in brief is that the complainant/victim aged about 29 years has lodged a report on 23.08.2024 at Police Station Pithoura against the present applicant with the averment that before one year from the date of report there is love relation between them and number of occasions the physical relation were developed by the applicant on the pretext of marriage but he is not performing the marriage. Thereafter, a case was registered against the present applicant for the offence punishable under Section 64(2)

(m) of Bhartiya Nyay Sanhita, 2023.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the victim is a 29 years old woman and they were in a consensual relationship. He further submits the victim is a consenting party therefore, the allegation of forcefully committed physical relationship is a totally false and frivolous. He further submits that the present applicant has been in jail since 24.08.2024 and the conclusion of the trial may take some more 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 forcefully committed sexually intercourse with the victim, 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 from the perusal of statement of victim recorded, it appears that the victim who is a major woman aged about 29 years having a consensual relationship with the applicant and she was a consenting party. Also considering the fact that the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 24.08.2024 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, Somnath Vasudev, involved in Crime No. 176/2024 registered at Police Station : Pithoura, District Mahasamund (C.G.) for the offence punishable under Section 64(2)(m) 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 app