2024:CGHC:44755 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7917 of 2024 Girwar Sen S/o Jamwant Sen Aged About 28 Years R/o Village Bohara P.S. Sanoud District Balod Chhattisgarh ... Applicant versus State Of Chhattisgarh Through SHO Police Station - Gunderdehi District Balod Chhattisgarh ... Non-Applicant For Applicant : Mr. Avinash Chand Sahu, Advocate.

For Non-Applicant : Ms. Shubha Shrivastava, Panel Lawyer.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

18/11/2024

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. 207/2024 registered at Police Station Gunderdehi District Balod (C.G.) for the offence punishable under Sections 332 – B and 64 of Bharatiya Nyay Sanhita (for short ‘BNS’).

2. Case of the prosecution, in brief, is that the complainant/victim lodged a written complain in Police Station Gunderdehi District Balod (C.G) alleging therein that the on 19.08.2024 at about 10:00 pm, when she was sleeping in her house then present accused entered her house and forcefully established physical relationship with her, therefore, the concerned Police Station arrested the present applicant on 20.08.2024 and the aforementioned offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the applicant and the victim are from same village and due to some old family enmity, the present applicant has been made an accused. He also submits that the victim is major lady and there is contradiction between statement of victim’s husband under Section 183 of BNSS, the FIR lodged by victim in the Police Station about the timing of incident, further in medical examination no injuries were found. The applicant is in jail since 20.08.2024, the charge-sheet has been filed in the present case and the trial is likely to take some time for its conclusion.

Therefore, he prays for grant of bail to the applicant.

4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the applicant had established physical relationship with the victim, despite knowing that she is a married woman, further the charge- sheet has been filed in the present case, therefore, the applicant is not entitled for grant of bail.

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, nature and gravity of offence, period of detention of the applicant since 20.08.2024, the fact that the victim is married woman aged about 50 years and she was the consenting party, further the charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case.

7. Let the Applicant-Girwar Sen, involved in Crime No. 207/2024 registered at Police Station Gunderdehi District Balod (C.G.) for the offence punishable under Sections 332 – B and 64 of BNS, 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 sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita.

(iii) In case, the applicant misuses