Karan Nirmalkar S/o Suresh Nirmalkar Aged About 31 Years R/o Dhangardeepa Police Station Kotwali v. State Of Chhattisgarh Through Police Station- Moudhapara, District – Raipur
Case Details
1 2025:CGHC:48104 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6548 of 2025 Karan Nirmalkar S/o Suresh Nirmalkar Aged About 31 Years R/o Dhangardeepa Police Station Kotwali District Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station- Moudhapara, District – Raipur (C.G.) ... Non-applicant For Applicant
Legal Reasoning
: Mr. Rohitashva Singh, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. For Complainant : Mr. Ajay Mahakunda as well as Mr. Yash Bothra, Advcoates. Hon'ble Shri Ramesh Sinha , Chief Justice 18.09.2025 Order on Board 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. 139/2025, registered at Police Station Moudhapara, District – Raipur (C.G.) for the offence punishable under Section 69 of the BNS. 2. The prosecution story, in brief, is that the victim lodged a report at the Police Station concerned that she was working in the ofÏce of Sriam Ram Finance and during work of finance she came in touch with the applicant RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 during the work applicant proposed her and established physical relationship with her on pretext of marriage and when she asked for marriage then applicant refused to marry with her, as per the said report lodged by the victim, the crime was registered against the applicant. Hence, this application. 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 submitted that the victim is a major lady aged about 26 years and both of them were working in the same Fiance company and she came in contact with the applicant in the year 2023, and both of them have established physical relationship, and it is stated that the victim came to know about the fact that the applicant is already a married person, she lodged the FIR against him, but the victim was well known about the marital status of the applicant, and the victim is the consenting party. It is also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 25.07.2025 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 as well as learned counsel for the complainant opposed the bail application and submits that the charge-sheet has been filed in the present case. It is further submitted that the victim was working in the ofÏce of Sriam Ram Finance and during work of finance she came in touch with the applicant during the work, applicant proposed her and established physical relationship with her on pretext of marriage and when she asked for marriage then applicant refused to marry with her, as per the said report lodged by the victim, the crime was registered against the applicant. 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 leveled against the applicant and period of detention in jail, further the fact that the victim is a major lady aged about 26 years and both of them were working in the same Fiance company and she came in contact with the applicant in the year 2023, and both of them have established physical relationship, and it is stated that the victim came to know about the fact that the applicant is already a married person, she lodged the FIR against him, but the victim was well known about the marital status of the applicant, and the victim is the consenting party, also the fact that the charge-sheet has been filed in the present case, the applicant is in jail since 25.07.2025 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. Let applicant - Karan Nirmalkar involved in Crime No. 139/2025, registered at Police Station Moudhapara, District – Raipur (C.G.) for the offence punishable under Section 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 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 4 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 concerned for necessary information and compliance forthwith. Rajshekhar Sd/- (Ramesh Sinha) Chief Justice