2025:CGHC:9162 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1483 of 2025 Chandrapratap S/o Basant Singh Aged About 25 Years R/o Sukharital, Korbi, Police Station Pasan, District Korba (C.G.)

... Applicant(s)

versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Khadgawan, District Manendragarh-Chirmiri-Bharatpur (C.G.)

Digitally AKHILESH signed by KUMAR AKHILESH DEWANGANKUMAR DEWANGAN ... Non-Applicant(s)

For Applicant(s) : Mr. Anil Kumar Gulati, Advocate. For Non-Applicant(s) : Mr. Sakib Ahmed, Panel Lawyer.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

21/02/2025

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. 21/2025 registered at Police Station Khadgawan, District Manendragarh-Chirmiri-Bharatpur (C.G.) for the offence punishable under Section 69 of Bharatiya Nyaya Sanhita (for short ‘BNS’).

2. Case of the prosecution, in brief, is that an FIR lodged by the victim against the applicant alleging therein that the applicant used to come in the village of victim and had established physical relationship with the victim on multiple occasions on the pretext of marriage and later on, refused to marry her, thereafter, the offence has been registered against the 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 victim is married lady aged about 23 years and she was a consenting party, there is a consensual relationship between the applicant and victim and when victim’s family members came to know, about their relationship, the present FIR has ben lodged by the victim against applicant. The applicant is in jail since 23.01.2025, the applicant has no criminal antecedent, charge-sheet has been filed 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 opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant had established physical relationship with the victim on multiple occasions on the pretext of marriage and later on, refused to marry her, therefore, he 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 23.01.2025, the fact that though the applicant had established physical relationship with the victim on multiple occasions on the pretext of marriage and later on, refused to marry her, but victim is married lady aged about 23 years and she was a consenting party, she had been in consensual relationship with the applicant and when their relationship could not be materialized, victim lodged the present FIR against him to harass him, also considering the statement of victim recorded under Section 183 of BNSS, further the applicant has no criminal antecedent and 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-Chandrapratap, involved in Crime No. 21/2025 registered at Police Station Khadgawan, District Manendragarh- Chirmiri-Bharatpur (C.G.) for the offence punishable under Section 69 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 tri