1 2025:CGHC:15780 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2158 of 2025 1. Komal Yadav S/o Nandram Yadav Aged About 21 Years R/o Village - Devri Nagar, Maharana Pratap Chowk, Police Station Civil Line, District Bilaspur (C.G.). ... Applicant(s) versus 1. State Of Chhattisgarh Through Station House OfÏcer, Police Station Civil Line, Bilaspur, District Bilaspur (C.G.). ---- Non-Applicant For Applicant : Mr. Roshan Dubey, Advocate For-Non-applicant : Mr. Jitendra Shrivastava, Dy. G.A. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 03.04.2025 1. This is the Second 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. 17/2025 registered at Police Station Civil Line Bilaspur District Bilaspur (C.G.), for the offence punishable under Sections 64(1), 69 of BNS, Section 4 & 6 of POCSO Act and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act. 2. This is the second bail application. First Bail application has been 2 dismissed as withdrawn vide order dated 19.02.2025. 3. The allegation against the present applicant as per the prosecution case is that, the present applicant knowing the fact that 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 22.12.2024. 4. In pursuance of notice issued to victim, Today, victim along with her father appeared before this Court through DLSA Bilaspur and raised objection in releasing the applicant on bail. 5. It has been argued by the learned counsel for the applicant that from the statement of the prosecutrix recorded under Section 164 Cr.P.C, it is apparent to be a case of elopement. The prosecutrix is aged about 17 years and 8 months on the date of incident and she went with the applicant on her own sweet will and she resided with the applicant for about one month which shows the consensual relationship between the prosecutrix and the applicant and chartsheet has been filed. It is further submitted that the applicant is in jail since 22.12.2024, hence he prays that the applicant be enlarged on bail. 6. Learned Government Advocate, appearing for the State opposed the prayer for bail. 7. I have heard learned counsel for the parties and perused the case 3 diary. 8. After hearing the submissions advanced by learned counsel for the parties as well as considering the fact that it is a case of elopement and that she voluntarily accompanied the applicant and established consensual relationship and also considering the fact that no injury was found on her person and chart-sheet has been filed, the trial is likely to take sometime for its conclusion and the applicant is in jail since 22.12.2024, this Court is of the view that the applicant is entitled to be released on bail in this case. 9. Let applicant, Komal Yadav, involved in Crime No. 1270/2024, under Sections 64(1), 69 of BNS, Section 4 & 6 of POCSO Act and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, Police Station – Civil Line, Bilaspur District Bilaspur 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 4 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. 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