2024:CGHC:36425 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6434 of 2024 • Taiyyab Khan S/o Kadir Khan Aged About 27 Years R/o Village Gatoura, P.S. Masturi, District Bilaspur (C.G.)

... Applicant.

versus • State Of Chhattisgarh Through The Police Station Civil Lines District Bilaspur (C.G.)

.. State/Non-Applicant.

For Applicant : Shri Pravin Kumar Tulsyan, Advocate.

For State : Ms. Supriya Upasane, GA.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

18/09/2024

1. This is the First bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 597/2024 registered at Police Station Civil Lines District Bilaspur (C.G.) for the offence punishable under Section 69, 351(2) of BNS{(376)(2)(n), 506 of IPC}.

2. Case of prosecution in brief is that victim lodged the FIR with the concerned Police Station against the present applicant alleging that applicant committed sexual intercourse with her on the pretext of marriage.

3. Learned counsel for the applicant would submit that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that in the present case, charge-sheet has been submitted against the applicant who is in jail since 06.07.2024. Learned counsel has produced copy of the charge-sheet along with statement of the victim recorded under Section 164 CrPC. It is argued by learned counsel for the applicant that the victim was already a married woman and she was deserted by her husband and she came in contact with the applicant with whom she has an affair since 2023. He also submits that trial is likely to take some time for its conclusion.

Therefore, applicant may kindly be enlarged on bail.

4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application.

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. Taking into consideration the facts and circumstances of the case, period of detention of the applicant since 06.07.2024 and the fact that charge- sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case.

7. Let the Applicant- Taiyyab Khan, involved in Crime No. 597/2024 registered at Police Station Civil Lines District Bilaspur (C.G.) for the offence punishable under Section 69, 351(2) of BNS(376(2)(n), 506 of IPC, be released on bail on his furnishing a personal bond with two sureties in the like sum 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 sufficient 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 sufficient cause, then it shall be open for the trial court to treat such default as