Court may grant bail where accusations lack corroborative evidence and nature of allegations suggest consent.

Order on Board

29.05.2025

1. This is the First bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 08 of 2025 registered at Police Station : Jainagar, District –

Surajpur (C.G.) for the offence punishable under Sections

64(2(k) & 331(3) of the Bharatiya Nyaya Sanhita, 2023.

2. The prosecution case, in brief, is that on 02.01.2025 at about

05:00 PM when the prosecutrix was alone at house, the applicant who is her neighbour came asking for food and then grabbed her and took her to cow shed and committed forced sexual intercourse with her and when she shouted her daughter came and saw the incident and called her father/victim’s husband from outside, on which the applicant ran away from the spot.

3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in the present case. He would further submit that though the victim is a married lady aged about 45 years and though she has made allegation of rape against the applicant but the same does not collaborate with the medical report as the MLC report of the victim has been found to be negative and the FSL report has not been submitted till date. It is further argued by learned counsel for the applicant that the alleged act between the victim and the applicant was consensual in nature and it is evident from the statement of the victim recorded under Section 161 of the CrPC/ Section 180 of the BNSS that when the victim was seen with the applicant in a compromised position by her daughter, the FIR was lodged in an afterthought circumstances implicating the applicant. It is further submitted that the applicant is 35 years of age and he has no criminal history. That the applicant is in jail since 04.01.2025 and the conclusion of trial will take some time, therefore, he prays that the applicant be enlarged on bail.

4. Learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this matter and the applicant does not deserve to be released on bail at this juncture.

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

6. Considering the facts and circumstances of the case, nature and gravity of offence and also considering the fact that the allegation of rape against the applicant does not corroborate with the medical report and the MLC report of the victim has been found to be negative. Further, the statement of the prosecutrix under Section 180 & 183 of the BNSS also goes to show that she was a consenting party and the applicant is in jail since 04.01.2025 and 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, Suresh Kerketta involved in Crime No. 08 of

2025 registered at Police Station : Jainagar, District – Surajpur (C.G.) for the offence punishable under Sections 64(2(k) & 331(3) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on him 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 sufficient cau