1 2025:CGHC:14508 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2177 of 2025 1. Sanju Ram Mirre S/o Shri Budhman Ram Mirre Aged About 21 Years R/o Mudgaon (Jamatitikara), Police Station- Udaypur, District- Sarguja (C.G.) ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Station House OfÏcer, Police Station- Udaypur, District- Sarguja (C.G.). --- Respondent For Applicant : Mr. Rishi Rahul Soni, Advocate. For Respondent : Mr. Karan Bahrani, P.L. 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. 220/2024 registered at Police Station Udaypur Sarguja (C.G.), for the offence punishable under Sections 137, 64(2)(m), 296, 351, 115 & 3(5) of BNS 2023 IPC and Section 4, 6 & 17 of POCSO Act. 2. Notice issued to the victim has duly been served, however, no one appeared on behalf of the victim. In such circumstances, Ms. Akanksha Singh, Advocate, who is present in the Court is appointed as amicus Digitally signed by JYOTI JHA Date: 2025.03.28 11:48:57 +0530 2 curiae to assist the Court on behalf of the victim. 3. After going through the documents, Akanksha Singh, Advocate, appointed as amicus curiae, opposes the prayer for grant of bail for the applicant. 4. 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 his house and there he is said to have had a physical relationship with her on the pretext of marriage. When the father of the victim went to take back the victim from the house of the accused Sanju Ram Mirre, the accused persons Sanju Ram Mirre and Budhram Ram Mirre abused and assaulted the father of the victim. On basis of the above facts, an F.I.R. in this regard was lodged and the present applicant has been arrested on 16.10.2024. 5. 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 16.10.2024, hence he prays that the applicant be enlarged on bail. 6. Learned Panel Lawyer, appearing for the State and learned counsel for respondent/Objector however opposed the bail application. 7. I have heard learned counsel for the parties and perused the case diary. 3 8. Having heard the contentions put forth on either side and on perusal of record, particularly taking into considering the fact that there was love affair between them and she has voluntarily gone with the applicant and she was a consenting party, the trial is likely to take sometime for its conclusion and the applicant is in jail since 16.10.2024, this Court is of the view that the applicant is entitled to be released on bail in this case. 9. Let applicant, Sanju Ram Mirre, involved in Crime No. 220/2024 under Sections 137, 64(2)(m), 296, 351, 115 & 3(5) of BNS 2023 IPC and Section 4, 6 & 17 of POCSO Act, Police Station – Udaypur District Sarguja 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 4 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. 10. 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