Raigarh (C.G.) v. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN State Of Ch
Case Details
1 2025:CGHC:21121 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3529 of 2025 Raj Ratre S/o Nanhe Ratre, Aged About 18 Years 3 Months (As Per Arrest Memo)- (20 Years Wrongly Mention In Order Sheet), R/o- Dimrapur, Kharsiya Road, Raigarh, District- Raigarh (C.G.) ... Applicant(s) versus AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN State Of Chhattisgarh Through- P.S. Jutmil, District- Raigarh, (C.G.) ... Respondent(s) For Applicant(s) :
Legal Reasoning
Mr. Hemant Gupta, Advocate. For Respondent(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/05/2025 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. 64/2025 registered at Police Station Jutmil, District- Raigarh (C.G.) for the offence punishable under Sections 69 of the Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the victim is a resident of Jute Mill Police Station Jailpara and has studied up to class 10 th. 2 She met Raj Ratre, a resident of Dhimrapur, on 11.01.2024, who started talking to her and while talking, he said that he loves her and wants to marry her. The victim got convinced by his words and they both started talking on mobile phone. On 27.05.2024, when Raj Ratre asked the victim to go for a walk, they both went for a walk towards Raigarh city. That day, there was no one in the victim's house, due to which Raj Ratre got tempted and said that he wanted to stay at the victim's house. The victim refused but he did not agree and forcibly stayed at the victim's house. At around 11 pm, when he said that he wanted to have physical relations with the victim, the victim said that she cannot have physical relations until she is married. He started assuring her of marriage, due to which the victim fell for his words. After that, he had physical relations with the victim three times and went to his home in the morning. After that, Raj used to take the victim to Kelo Dam, Panchdhari and other places in the Jute Mill area near the Medical College and have physical relations with her. On 05.01.2025, Raj Ratre took the victim to his home Dhimrapur Jagatpur, talking about marrying her and kept her there till 10.02.2025 where his family members, parents, siblings were also present. When the victim repeatedly asked him to marry her at night, he would postpone it by saying that he would do it someday and on 10.02.2025, he left her at home and went away. Raj had established physical relation with the victim for the last time on 05.02.2025 at his home in Dhimrapur. When she asked him to marry her, he used to say that he will not marry her and she should do whatever she wants. When the victim insisted on 3 marrying her, he used to say that he will not marry her. He also used to beat her and threatened to kill her, due to which she used to get scared. The victim told her mother and elder mother about the incident and submitted a written report of the incident, thereafter, aforementioned offence has 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 aged about 18 years and she was a consenting party, she herself stayed in the house of applicant, further she had been in consensual relationship with the applicant for about one year and when their relationship could not be materialized, she lodged the present FIR against the applicant to harass him. He also submits that the applicant has never threatened anyone, caused injury or any damage to anyone as alleged by the prosecution. The applicant is in jail since 04.03.2025, 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. She further submits that the applicant is alleged to have established physical relationship with victim on multiple occasions on the pretext of marriage, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused 4 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 04.03.2025, the fact that though the applicant is alleged to have established physical relationship with victim on multiple occasions on the pretext of marriage, but victim is aged about 18 years and she was a consenting party, further she had been in consensual relationship with the applicant for about one year and when their relationship could not be materialized, she lodged the present FIR against the applicant to harass him, also considering the statement of victim recorded under Section 183 of BNSS, further he 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-Raj Ratre, involved in Crime No. 64/2025 registered at Police Station Jutmil, District- Raigarh (C.G.) for the offence punishable under Sections 69 of the 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 5 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 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. 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