SH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN v. State Of Chhattisgarh Through Police Station Jashpur District
Case Details
1 2025:CGHC:25873 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4641 of 2025 Zahid Hussain S/o Md. Zakir Hussain Aged About 29 Years Old R/o Gram Kavai Police Station Sanna District - Jashpur Chhattisgarh AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN ... Applicant(s) versus State Of Chhattisgarh Through Police Station Jashpur District - Jashpur Chhattisgarh ... Respondent(s) For Applicant(s) :
Legal Reasoning
Mr. Anshul Tiwari, Advocate. For Respondent(s) : Mr. Jitendra Shrivastava, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/06/2025 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. 48/2025 registered at Police Station Jashpur District - Jashpur (C.G.) for the offence punishable under Sections 366, 376(2)(n), 420 of the Indian Penal Code. 2. Case of the prosecution, in brief, is that the victim and applicant were in a love relationship since 2022 and it has been alleged that the applicant has established physical relations with the victim on pretext of marriage from dated 15.01.2023 to dated 26.05.2024, it 2 has also been alleged that there is a financial transactions between the victim and applicant whereby the victim has given total sum of Rs. 2,62,361/- in total 173 transactions and further it has been stated by the victim that Rs. 1,15,388/- has been returned by the applicant and the rest due amount has not been returned till date. That on the said allegations a FIR has been registered against applicant on dated 25.02.2025 bearing FIR No. 48/2025 for the alleged offence under section 366, 376 (2)(n), 420 of Indian Penal Code, 1860 and subsequently, applicant was arrested. 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 lady aged about 36 years and she had been in consensual relationship with the applicant since 2022. He also submits that there were some money transactions between applicant and the victim, victim has given Rs.2,62,361/- in 173 different transactions, out of which, Rs.1,15,388/- has been returned and unable to return the balance amount on account of which, applicant has been implicated in the case by the victim. The applicant is in jail since 25.02.2025, 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 on the pretext of marriage, 3 applicant had established physical relationship with the victim, further he had also taken some money from the victim, which has not been returned, therefore, applicant is not entitled for grant of baiol. 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 25.02.2025, the fact that though the applicant is alleged to have established physical relationship with the victim on the pretext of marriage and later on, refused to marry her, but victim is a major lady aged about 36 years and she was a consenting party, she had been in consensual relationship with the applicant, further there was some money transactions between them and the applicant has failed to return the same on account of which, he has been implicated in the case, so far as criminal antecedent of the applicant is concerned, 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. Accordingly, the application is allowed. 7. Let the Applicant-Zahid Hussain, involved in Crime No. 48/2025 registered at Police Station Jashpur District - Jashpur (C.G.) for the offence punishable under Sections 366, 376(2)(n), 420 of the Indian Penal Code, 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:- 4 (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 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