1 / 4 2025:CGHC:12394 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1593 of 2025 1 - Sagar Gupta S/o Shankar Lal Gupta Aged About 18 Years 7 Months R/o Near Fertilizer Shiv Mandir, Darri, Police Station - Darri, District - Korba (C.G.) ... Applicant versus 1 - State of Chhattisgarh Through - Station House Officer, Police Station - Darri, District - Korba (C.G.) ... Respondent For Applicant : Mr. Dharmesh Shrivastava, Advocate For State : Mr. G.L. Uikey, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 12/03/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 18/06/2024 in connection with Crime No.10/2023, registered at Police Station- Darri, District Korba, C.G. for the offence punishable under Sections 363, 366-A & 376 IPC and Sections 4 & 6 of the POCSO Act. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.03.12 18:11:19 +0530 2 / 4 2. The case of the prosecution in brief is that on 15/06/2024 the complainant lodged a report in Police Station Darri, District Korba alleging that on 13/06/2024 her minor daughter went missing without informing anyone in the family. Thereafter, on being searched nothing could be ascertained about her whereabouts. The investigation was carried out on the basis of the report of the complainant and during investigation the victim was recovered from the possession of the applicant on 17/06/2024. Thereafter, the applicant was arrested. 3. Learned counsel for the applicant submits that the age of the prosecutrix is 17 years and 08 months and she has stated in her deposition that she has performed marriage with the applicant. He would next contend that the prosecutrix was residing with the applicant and she herself was in the company of the applicant and visited different places. He would next contend that there is love relation in between the parties and the prosecutrix was a consenting party. He would lastly contend that there is no previous antecedent against the applicant, charge-sheet has been filed, the applicant is in jail since 18/06/2024 and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail. 4. Per contra, learned counsel appearing on behalf of the State opposes the bail application submitted by the applicant. 5. The Victim is also present in person before the Court along with her father and they objected to grant of bail to the applicant. 3 / 4 6. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 7. Taking into consideration the facts and circumstances of the case and particularly considering the fact that the prosecutrix has stated that they have performed marriage and lived together, therefore, it is a case of love relation between the parties and further considering the fact that the applicant is in jail since 18/06/2024 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail. 8. Let the applicant involved in Crime No.10/2023, registered at Police Station- Darri, District Korba, C.G. for the offences as mentioned above, be released on bail on his furnishing a personal bond of Rs.10,000/-with one surety 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/she 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 BNS, 2023. 4 / 4 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of the BNSS, 2023 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/her, in accordance with law, under Section 209 of BNS, 2023. (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, 2023. 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. SD/- (Arvind Kumar Verma) JUDGE ashu