Nafr High Court
Case Details
1 2025:CGHC:29231 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5003 of 2025 Vinod Gond S/o Lt. Dilip Gond Aged About 31 Years R/o Gondpara Tifra Industries Estate, P.S. Sirgitti, District Bilaspur Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station- Sirgitti, District- Bilaspur Chhattisgarh. ... Non-applicant For Applicant
Legal Reasoning
: Mr. Ankit Singh, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. For Objector : Mr. Vikas Upadhyay, Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 30.06.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 200/2025 registered at Police Station : Sirgitti, District – Bilaspur (C.G.) for the offence punishable under Sections 64(2)(n) and section 351(2) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, the case was observed wherein the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.01 10:57:45 +0530 2 victim, aged about 23 years, lodged a written complaint on 21.04.2025 at Police Station Sirgitti, District Bilaspur, Chhattisgarh, stating that the accused used to come to her house and would say that he loved her and would marry her. On 01.03.2025, the accused called her to his house to meet him and forcefully had physical relations with her, saying that he would marry her. Thereafter, the accused took her to his house at Gondpara, Tifra, 3-4 times on different days and had physical relations with her. When the victim asked him to marry her, the accused refused and threatened to kill her if she informed anyone about the physical relationship. Based on the complaint submitted by the victim, a First Information Report (FIR) No. 200/2025 under Sections 64(2)(m) and 351(2) of the BNS was registered against the applicant/accused, and the applicant/accused was arrested. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He submits that disputes arose between the father of the victim and the mother of the applicant regarding the applicant's caste, and this FIR has been lodged by the victim in a fabricated manner. He also submits that the complainant/victim is a major lady, aged about 23 years. He further submits that there is a delay of about 40 days in lodging the present FIR against the applicant. He submits that the applicant is in jail since 22.04.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 3 4. On the other hand, learned counsel State counsel opposes the bail application of the present applicant and submits that the charge- sheet has already been submitted before the competent Court in the present case. She further submits that the applicant on the pretext of marriage established physical relationship with the victim, and thereafter, refused, therefore, the applicant is not entitled for grant of regular bail. 5. Learned counsel for the objector has also opposed the bail application of the present applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence, and from a perusal of the statement of the victim recorded under Section 183 of the BNSS, it appears that the victim and the applicant had a love relationship, however, as the applicant belongs to a different caste, the parents of the victim refused to marry the victim to the applicant, thereafter, the victim's marriage was performed with another person, in the victim's statement, it reflects that because of the applicant, her marriage to the other person had also broken up, upon a pointed query being made from the counsel for the objector regarding this fact, it was stated that the victim is happily living with the person she married, moreover, the charge-sheet has already been submitted before the competent Court, he is in jail since 22.04.2025, conclusion of the trial may take sometime, therefore, I am of the opinion that the 4 applicant is entitled to be released on bail in this case. 8. Let applicant, Vinod Gond, involved in Crime No. 200/2025 registered at Police Station : Sirgitti, District – Bilaspur (C.G.) for the offence punishable under Sections 64(2)(n) and section 351(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his 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 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 5 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. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek