1 / 4 2025:CGHC:15147 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1965 of 2025 1 - Mohit Kori S/o Ramjas Kori Aged About 18 Years and 09 months, R/o Village Gokulpur, Police Station Dehat Kotwali, Bahraich, District Bahraich (U.P.), (As Per Charge Sheet) ... Applicant versus 1 - State of Chhattisgarh Through The Station House Office, Police of Police Station Kurud, District Dhamtari (C.G.) ... Respondent For Applicant : Mr. Praveen Dhurandhar, Advocate For State : Mr. G.L. Uikey, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 28/03/2025 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 27/03/2024 in connection with Crime No.143/2024, registered at Police Station- Kurud, District Dhamtari, C.G. for the offence punishable under Sections 363, 366, 376 (3) of IPC and Section 4 (2), 5 (m)/6 of the Protection of Children from Sexual Offences Act. 2. The case of the prosecution in brief is that the father of the prosecutrix lodged a report on 12/03/2024 in the Police Station ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.03.28 18:37:47 +0530 2 / 4 Kurud Dhamtari alleging therein that her daughter had gone to School at about 9.00 AM and she did not return till 6.00 PM and on being enquired from the School it was revealed that she had not come to the School and also being enquired from the relatives nothing could be traced out, therefore, on the apprehension that someone has enticed away her minor daughter from the lawful custody of parents the report was lodged. Thereafter, on the basis of the report lodged by the complainant the investigation was carried out and during investigation the prosecutrix was recovered from the possession of the applicant from Village Gokulpur (U.P.). Thereafter, the applicant was arrested. 3. Learned counsel for the applicant submits that the victim in her statement has stated that she herself had gone in the company of the applicant and she wants to perform marriage with the applicant. He would next contend that the prosecutrix was residing with the applicant and she herself was in the company of the applicant and visited different places. He would next contend that there is love relation in between the parties and the prosecutrix was a consenting party. He would lastly contend that there is no previous antecedent against the applicant, charge-sheet has been filed, the applicant is in jail since 27/03/2024 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. 3 / 4 5. The Victim along with her mother appeared through video conferencing from DLSA Dhamtari and she objected 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. 7. Taking into consideration the facts and circumstances of the case and particularly considering the fact that the prosecutrix has stated that she wants to perform marriage and lived together, therefore, it is a case of love relation between the parties and further considering the age of the applicant as he is 18 Years & 09 Months old and the material witnesses have been examined in this case and the applicant is in jail since 27/03/2024 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.143/2024, registered at Police Station- Kurud, District Dhamtari, 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 4 / 4 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 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