1 / 4 2025:CGHC:14961 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1951 of 2025 1 - Chhabiram S/o Ashwani Kumar Aged About 23 Years R/o Village Dokla, Police Station Charama, District North Bastar Kanker Chhattisgarh. ... Applicant versus 1 - State of Chhattisgarh Through The Station House Officer, Police of Police Station Charama, District North Bastar Kanker Chhattisgarh. ... Respondent For Applicant : Mr. Anil Kumar Gulati, Advocate For State : Ms. Vaishali Mahilong, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 27/03/2025 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 17/12/2024 in connection with Crime No.171/2024, registered at Police Station- Charama, District North Bastar Kanker, C.G. for the offence punishable under Sections 64, 351 (2) of B.N.S. and Section 4 of the POCSO Act. 2. The case of the prosecution in brief is that the victim was hospitalized by her mother at AIMS Hospital Raipur on account of ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.03.28 13:17:41 +0530 2 / 4 head infection. During the course of treatment on 14/12/2024 the sonography of the victim was conducted wherein it was revealed that the victim is carrying 13 weeks pregnancy and pursuant to that a memo of the AIMS Hospital Raipur was sent to the Police Station Charama for registering the offence and investigating the matter. During the course of investigation, the police recorded the statement of the victim wherein she stated that the applicant has committed rape with her. Thereafter, the applicant was arrested. 3. Learned counsel for the applicant submits that there is love relation in between the parties and the victim was not minor on the date of incident. He would next contend that the victim never disclosed the fact of commission of rape to anyone it is only on the basis of the memo sent by the Hospital the FIR has been registered. He would next contend that as per the birth certificate of the victim, the date of birth of the victim is 23/08/2005, as such on the date of incident she had attained the majority. He would lastly contend that there is no previous antecedent against the applicant, charge-sheet has been filed, the applicant is in jail since 17/12/2024 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 appeared through video conferencing from DLSA, Kanker and she 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 also considering the fact that the birth certificate which has been got prepared by the victim wherein her date of birth is mentioned as 23/08/2005 as such on the date of incident i.e. in September, 2024 she was major. Therefore, it is a case of consensual relationship and the prosecutrix and applicant was having affair and further considering the fact that the applicant is in jail since 17/12/2024 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. Accordingly, the bail application is allowed. 8. Let the applicant involved in Crime No.171/2024, registered at Police Station- Charama, District North Bastar Kanker, 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. 4 / 4 (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 ashu