1 2025:CGHC:12424 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1624 of 2025 1 - Shiva Yadav @ Shivnarayan Yadav S/o Nakul Yadav Aged About 28 Years R/o Vill. Kokadi, P.S. Gariyaband, Dist. - Gariyaband (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through - P.S. - Gariyaband, Dist., Gariyaband (C.G.). --- Respondent For Applicant : Mr. Purnchand, Advocate. For Respondent : Ms. Vaishali Mahilang, P.L. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 12/03/2025 1. This is the first bail application filed under Section 483 of the B.N.S.S. for grant of regular bail to the applicant who has been arrested in connection with Crime No. 248/2023 registered at Police Station Gariyaband District Gariyaband (C.G.), for the offence punishable under Sections 363, 366, 376(2)(n) of IPC and Section 4 & 6 of POCSO Act and 3(2)(v) of SC ST Act. 2. Today, the victim along with her mother have appeared through DSLA Gariyabandh and have raised their no objection in releasing the applicant on bail. 2 3. The allegation against the present applicant as per the prosecution case is that, the father of the victim has lodged report to the Police Station alleging therein that the present applicant knowing the fact that the prosecutrix was a minor, he is said to have taken the prosecutrix to different place and there he is said to have had a physical relationship with her. Subsequently, an F.I.R. in this regard was lodged and the present applicant has been arrested on 09.11.2024. 4. It has been argued by the learned counsel for the applicant that the statement of the prosecutrix would show that no any injury present at genital or other parts of the body. He further submits that there was an affair between the present applicant and prosecutrix and she was a consenting party and she had established sexual relationship with the applicant. The applicant is in jail since 09.11.2024, hence he prays that the applicant be enlarged on bail. 5. Learned Panel Lawyer, appearing for the State and learned counsel for respondent/Objector however opposing the bail application submits that, the prosecutrix was aged about 15 years & 4 months and thus prayed for rejection of bail application. 6. I have heard learned counsel for the parties and perused the case diary. 7. Having heard the contentions put forth on either side and on perusal of record, particularly taking into consideration the medical report of the prosecutrix, in which no injury was found on her person and further considering the fact that there was love affair between them, the trial is likely to take sometime for its conclusion and the applicant is in jail since 09.11.2024, this Court is of the view that the applicant is entitled to be 3 released on bail in this case. 8. Let applicant, Shiva Yadav @ Shivnarayan Yadav, involved in Sp. Cs. (POCSO) 63/2024, under Sections 363, 366, 376(2)(n) of IPC and Section 4 & 6 of POCSO Act and 3(2)(v) of SC ST Act, Police Station – Gariyaband District Gariyaband Chhattisgarh, be released on bail on his furnishing a personal bond with one surety 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 their counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bhartiya Nyaya Sahita, 2023 (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 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, in accordance with law, under Section 209 of Bhartiya Nyaya Sahita, 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 4 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 them in accordance with law. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Arvind Kumar Verma) JUDGE Jyoti