Nafr High Court
Case Details
1 2025:CGHC:23902 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4469 of 2025 Shiva Baghel S/o Tulsi Ram Baghel Aged About 20 Years R/o Village Semra, Pujaripara, Police Station Nagarnar, District Bastar Chhattisgarh (Description Of Applicant Mentioned As Per Charge Sheet) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Nagarnar, District Bastar, Place Jagdalpur Chhattisgarh ... Non-Applicant For Applicant
Legal Reasoning
: Mr. Pravin Kumar Tulsyan, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.06.13 19:47:20 +0530 Order on Board 13.06.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 51/2025, registered at Police Station - Nagarnar, District Bastar, Place Jagdalpur C.G.) for the offence punishable under Section 64(1), 64(2)(M), 88, 332(B) of Bharartiya Nyaya Sanhita, 2023. 2. According to the prosecution's case, the victim lodged a report alleging that she had contact with the applicant while working as a laborer near his 2 hardware and electronics shop. They began talking frequently, and the applicant proposed marriage and pressured her into establishing a physical relationship. The victim succumbed to the pressure, and they had physical relations on multiple occasions, including in October 2024. When the victim became pregnant, she informed the applicant, who provided her with medication. However, the victim gave birth to a weak female child on 28.022025, who unfortunately did not survive. The applicant was arrested based on the victim's report. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the victim is a major lady and had a consensual love affair with the applicant and thereafter, a sexual relationship was established between both of them, and the victim became pregnant, then the applicant brought her medicine for abortion, after consuming which the victim gave birth to a premature baby girl who died on the night of her birth, hence, she filed the FIR and she is the consenting party. It is also submitted that the applicant has no previous criminal antecedents, the charge-sheet has been filed in this case. The applicant is in jail since 23.03.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular 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. It is further submitted that the applicant has committed sexual intercourse with the victim on the pretext of marriage, as a result of which the victim became pregnant then the applicant brought her medicine for abortion, after consuming which the victim gave birth to a premature baby girl who died on the night of her birth, therefore, the applicant is not entitled for grant of regular bail. 5. 6. 3 I have heard learned counsel for the parties and perused the materials available on record. Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicant and period of detention in jail, and from the perusal of the statement, it transpires that the victim is a major lady and had a consensual love affair with the applicant and thereafter, a sexual relationship was established between both of them, and the victim became pregnant, then the applicant brought her medicine for abortion, after consuming which the victim gave birth to a premature baby girl who died on the night of her birth, hence, she filed the FIR and she is the consenting party. It is also submitted that the applicant has no previous criminal antecedent, charge-sheet has been filed in the present case and the applicant is in jail since 23.03.2025 and the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant - Shiva Baghel involved in Crime No. 51/2025, registered at Police Station - Nagarnar, District Bastar, Place Jagdalpur C.G.) for the offence punishable under Section 64(1), 64(2)(M), 88, 332(B) of Bharartiya Nyaya Sanhita, 2023, 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. 4 (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 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 sufficient 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. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Preeti