1 2025:CGHC:14509 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1913 of 2025 1 - Dhanraj Sahu S/o Anuj Ram Sahu Aged About 22 Years Resident Of Village Charganva, Police Station Dadhi, District Bemetara, Chhattisgarh ... Applicant(s) versus 1 - State Of Chhattisgarh Through- Station House OfÏcer, Police Station Dadhi, District Bemetara, Chhattisgarh. --- Non-Applicant For Applicant : Mr. Amit Kumar Sahu, Advocate. For-Non-applicant : Mr. Karan Bahrani, Panel Lawyer. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 26/03/2025 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. 172/2024 registered at Police Station Dadhi District Bemetara (C.G.), for the offence punishable under Sections 137(2), 87, 64, 64(2)(d), 65(1) & 351(3) of BNS and Sections 3(1)(12) SC/ST Act and Section 4 & 6 of the POCSO Act. 2. The allegation against the present applicant as per the prosecution case is that, on 07.12.2024, father of the victim has lodged report to the Police Station alleging therein that the present applicant knowing the fact that 2 the prosecutrix was a minor, he is said to have taken the prosecutrix to different place and there he is said to have on the pretext of marriage had a physical relationship with her. Subsequently, an F.I.R. in this regard was lodged and the present applicant has been arrested on 15.12.2024. 3. In pursuance of notice issued to victim, Today, victim along with her father appeared before this Court through DLSA Bemetara and raised objection in releasing the applicant on bail. 4. It has been argued by the learned counsel for the applicant that the statement of the prosecutrix would show that the prosecutrix was aged about 17 years and 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 15.12.2024, hence he prays that the applicant be enlarged on bail. 5. Learned Panel Lawyer, appearing for the State however opposing the bail application submits that the consent of the prosecutrix is immaterial for the reason that the prosecutrix was a minor aged about 17 years 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 note of the statement of the prosecutrix which shows that she established consensus relationship with her own sweet will with the applicant and there was love affair between them and also considering the fact that no injury was found on her person, the trial is likely to take sometime for its conclusion and the applicant is in jail since 3 15.12.2024, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let applicant, Dhanraj Sahu, involved in Crime No. 172/2024, under Sections 137(2), 87, 64, 64(2)(d), 65(1) & 351(3) of BNS and Sections 3(1)(12) SC/ST Act and Section 4 & 6 of the POCSO Act, Police Station – Dadhi, District Bemetara 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 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