1 2025:CGHC:14000 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1772 of 2025 • Sunil Yadav S/o Shri Shivkumar Yadav Aged About 21 Years R/o Village Kirna, Thana, Tehsil And District Mungeli Chhattisgarh. ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali, Mungeli, District Mungeli Chhattisgarh. ... Non-applicant For Applicant : Mr. Sunil Sahu, Advocate For Non- applicant : Mr. Vivek Sharma, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma Order on Board 24/03/2025 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 05/02/2025 in connection with Crime No.342/2024, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.03.26 11:30:09 +0530 2 registered at Police Station- City Kotwali Mungeli, District-Mungeli, C.G. for the offence punishable under Sections 137 (2), 87, 64 (1) of Bhrtiya Nyay Sanhita and Section 4 & 6 of the Protection of Children from Sexual Offences Act, 2012. 2. The case of the prosecution in brief is that the the complainant/father of the victim aged about 16 years has lodged the missing report at Police station City Kotwali Mungeli, Distt- Mungeli on 02.09.2024 against the unknown person with the averment that the daughter of the complainant aged about 15 years and 10 Months was missing from the house since 24.08.2024 victim has left the house and she did not return back home, her whereabouts were searched but she was not found therefore the FIR was registered, during course of Inquiry on 04.02.2025 victim was recovered from the possession of the applicant at Rajendra Nagar Raipur, recovery memo was prepared, statement of the victim was recorded wherein she stated that the applicant has committed sexual intercourse with her many times and she is pregnant for about 5 months, therefore, thana Police registered the offences as mentioned above and arrested the applicant as the 3 victim was below 18 years of the age on the date of incident. 3. Learned counsel for the applicant submits that the age of the victim is 15 years and 10 month and she herself accompanied the present applicant and was in the company of the applicant for a long time. He would next contend that the prosecutrix did not disclose about the incident to anyone initially. He would lastly contend that the applicant is in jail since 05/02/2025 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 along with her father appeared through video conferencing from concerned DLSA, and she recorded her no objection with regard to grant of bail to the applicant. 6. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 4 7. Taking into consideration the facts and circumstances of the case and also considering the fact that the age of the victim is 15 years and she has given her no objection with regard to grant of bail to the applicant and on perusal of the record it is crystal clear that there is love relation between the parties. Considering the same and further considering the fact that the applicant is in jail since 05/02/2025 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.342/2024, registered at Police Station- City Kotwali, District Mungeli, 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. 5 (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. (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 vaishali