Nafr High Court
Case Details
1 2025:CGHC:9164 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1512 of 2025 Shahid Alam S/o Shri Shamim Aged About 22 Years Resident Of Village Narwal, Ps Barwal, District West Chamaparan Bihar ... Applicant(s) AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN versus State Of Chhattisgarh Through The Station House Officer, Police Station Vishrampuri, District Kondagaon (C.G.) ... Non-Applicant(s) For Applicant(s)
Legal Reasoning
: Mr. B.P. Sharma alongwith Mr. M.L. Sakat as well as Mr. Vaibhav Tiwari, Advocates. For Non-Applicant(s) : Mr. Amit Verma, 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. 74/2024 registered at Police Station Vishrampuri, District Kondagaon (C.G.) for the offence punishable under Sections 64(2)(d), 351(2), 127(2) of Bharatiya Nyaya Sanhita 2 (for short ‘BNS’) and Section 3(2) (va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. Case of the prosecution, in brief, is that based on missing report of victim lodged by the complainant in concerned Police Station and during investigation, on 04.12.202, the Police have recovered the victim at Raipur from the custody of applicant, thereafter, the statement of victim has been recorded, wherein she stated that the applicant contacted her through phone, thereafter, they started talking each other on the pretext of providing her education and employment, the applicant took her alongwith him to Delhi, Jammu, Bihar and during his period, he established physical relationship with her without her consent. Based on aforesaid allegation, offences have been registered against the applicant. Hence, the bail application. 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 a major girl aged about 28 years and she was a consenting party, there is a consensual relationship between the applicant and victim. He also submits that the victim herself in her statement recorded under Section 183 of BNSS, stated that there was friendship between them and she herself came to meet the applicant and visited many places alongwith him, thus it is apparent that there was love affair between them and during that period, she had not raised any alarm for help, if any such act was happening with her. The applicant is in jail since 04.12.2024, the applicant has one criminal antecedent registered at 3 Crime No.72/2024 under the BNS, against which MCRC No.1486/2025 has been preferred by him, which is also listed today and besides that case, the applicant has no any other case pending against him, 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 at multiple places on the pretext of marriage and later on, refused to marry her, further he has one criminal antecedent registered at Crime No.72/2024 under the BNS, 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 04.12.2024, the fact that though the applicant alleged to have established physical relationship with the victim on multiple occasions at multiple places on the pretext of marriage and later on, refused to marry her, but victim is a major girl aged about 28 years and she was a consenting party, she had been in consensual relationship with the applicant and she also visited multiple places with the applicant, the said fact is also stated by victim in her statement recorded under Section 183 of BNSS, furthermore, when 4 their relationship could not be materialized, she lodged present FIR against the applicant to harass him, so far as criminal antecedent of the applicant is concerned, he has one criminal antecedent registered at Crime No.72/2024 under the BNS, against which MCRC No.1486/2025 has been preferred by him, which is also listed today and the same is allowed today itself by this Court, 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-Shahid Alam, involved in Crime No. 74/2024 registered at Police Station Vishrampuri, District Kondagaon (C.G.) for the offence punishable under Sections 64(2)(d), 351(2), 127(2) of BNS, be released on bail on his furnishing a personal bond with two local 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 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 5 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 sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously preferably within a period of six months from the date of receipt of certified copy of this order, in accordance with law, if there is no legal impediment. 9. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil