MCRC/6223/2026 of SURESH AGARIYA Vs STATE OF CHHATTISGARH on 6 September 2026

1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.

195/2025 registered at Police Station Basantpur, District Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 137(2), 87, 64(2)(m) of BNS & Sec. 5(L) / 6 of Protection of Child from Sexual Offences Act.

2. Case of the prosecution, in brief, is that the victim and the applicant were acquainted with each other prior to the alleged incident and used to talk on the phone. It is alleged that on 21.10.2025 at about 8:00 PM, the applicant called the victim outside her house, took her on his motorcycle to his house and committed sexual intercourse with her against her will. On the basis of the report lodged by the victim the aforesaid crime was registered against the applicant. The applicant was arrested on 24.10.2025. On the basis of these allegations, the present FIR has been registered on 22/10/2025. Hence this bail application.

3. Learned counsel for the applicant submitted that the applicant has been falsely implicated in this crime, he has not committed any offence. He submits that the victim is a major girl and if the alleged relationship is taken to be on its face value, victim being a major girl was consenting party. He would submit that the applicant is aged about 19 years and there is no other criminal antecedents against the applicant, he is in jail since 24/10/2025 and conclusion of trial may take some time, therefore, he prays for grant of bail to the applicant.

4. On the other hand, learned State counsel would oppose the submission of learned counsel for the applicant and he would submit that the victim has made specific allegation that the applicant had committed sexual intercourse since last two years from the date of the lodging of the report.

5. I have heard learned counsel for the parties and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, materials available on record, nature of allegation, the age of the victim on the date of lodging of the FIR was about 18 years, considering the pretrial detention of the applicant, further considering the tender age of the applicant of 19 years and also considering the fact that trial is likely to take some time for its conclusion, without commenting anything on the merits of the case, I am inclined to allow this bail application.

7. Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that-

(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 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. Sd/-

(Parth Prateem Sahu) Judge

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