Nafr High Court
Case Details
1 2025:CGHC:31402 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5262 of 2025 Amit Kanwar S/o Shri Sohan Kanwar Aged About 23 Years R/o Village Dumardeeh Rajgamar, Tahsil And District- Korba (C.G.) ...Applicant VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.09 14:22:02 +0530 versus State Of Chhattisgarh Through Police Station Kartala, District- Korba (C.G.) …Non-applicant For Applicant
Legal Reasoning
: Mr. Manoj Kumar Sinha, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 08.07.2025 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. 70/2025 registered at Police Station : Kartala, District – Korba (C.G.) for the offence punishable under Section 376 of IPC of the Bhartiya Nyaya Sanhita, 2023. 2. As per case of the prosecution is that the applicant, a young man from 2 Dumardeeh, Rajgamar, Korba, Chhattisgarh, has no prior criminal record. The prosecutrix, aged 19, reported to the Kartala Police Station on 06.05.2025 that the applicant had promised to marry her and established a sexual relationship with her in Kartala Forest. Their relationship began in March 2021 during a family event, and they maintained regular communication thereafter. The prosecutrix claims that the applicant's promise of marriage led her to consent to sexual intercourse on two occasions: once in Kartala Forest and again in Bhuslideeh Forest on 28.03.2024. She alleges that after these incidents, the applicant refused to marry her, prompting her to file the FIR on 06.05.2025 under Section 376 IPC. The FIR states that the prosecutrix voluntarily accompanied the applicant to the forest areas and consented to the sexual acts. A subsequent medical examination revealed no recent sexual activity, and the doctor could not definitively opine on the possibility of forceful intercourse. The prosecutrix reiterated that their relationship was based on mutual affection and that her consent was influenced by the applicant's promise of marriage. The applicant contends that the relationship was consensual and that the prosecutrix willingly engaged in the sexual acts. He denies any intention to deceive and asserts that the relationship was genuine and an offence bearing Crime No. 70/2025 registered at Police Station : Kartala, District – Korba (C.G.) for the offence punishable under Section 376 of IPC of the Bhartiya Nyaya Sanhita, 2023.has been registered against the present applicant. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present 3 case. He submits that the applicant has ben falsely implicated in the case as he is not committed sexual intercourse to the prosecutrix forcibly and there is a love relation with the applicant and prosecutrix. He further submits that the present applicant has been in jail since 15.05.2025 and the conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel State opposes the bail application of the present applicant and submits that the present applicant on the pretext of marriage established physical relationship with the victim and thereafter denied, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of the allegations levelled against the applicant, and the fact that the victim, who is a major, was in a consensual relationship with the applicant during which a sexual relationship was established, and thereafter, their relationship could not materialize, consequently leading to the lodging of the present FIR, and further considering that the applicant has been in jail since 15.05.2025 and that the trial is likely to take some time to conclude, I am of the opinion that the applicant is entitled to be released on bail in this case.. 7. Let applicant, Amit Kanwar, involved in Crime No. 70/2025 registered at Police Station : Kartala, District – Korba (C.G.) for the offence punishable under Section 376 of IPC of the Bhartiya Nyaya Sanhita, 4 2023., be released on bail on his furnishing a personal bond with local 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 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 5 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 forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice vaibhav