1 2025:CGHC:14502 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2392 of 2025 Tumman Patel @ Krishna Patel S/o Late Shri Ramji Patel Aged About 24 Years R/o Gotamarra, P.S.- Nandani, District- Durg (C.G.), (District Name Of Applicant Correctly Mentioned) ... Applicant versus State Of Chhattisgarh Through The S.H.O., Police Station- Chhuikhadan, District Khairagarh-Chhuikhadan-Gandai (K.C.G.), Chhattisgarh ---- Respondent (Cause title is taken from the CIS) For Applicant : Mr. Shalvik Tiwari, Advocate For Respondent/State : Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Shri Justice Arvind Kumar Verma Order on Board 26/03/2025 1. Today, prosecutrix is appeared before this Court along with her in-laws. On being asked, she has no objection for grant of bail to the applicant due to she has performed marriage with the applicant. 2 2. This is first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail. The applicant who has been arrested on 04.11.2024 in connection with Crime No.300/2021, registered at Police Station- Chhuikhadan, District Khairagarh-Chhuikhadan-Gandai (KCG) (C.G.) for the offence punishable under Sections 363, 366, 366-A, 376(2)(j)(n), 376(3) of IPC and Section 5(j)(ii)(1)/6 of the POCSO Act, 2012. 3. Brief facts of this case are that on 18/12/2021 at around 15.30 PM, father of the prosecutrix lodged written report stating therein that his daughter is aged about 14 years 11 months 15 days and presently studying in class 9th after the Diwali he went to Hyderabad for earning livelihood and on 16/12/2021 at 7 PM his wife gave a phone call that prosecutrix left the house for school at Morning 9 AM, but has not returned till evening, she doubts that some unknown person has lured the prosecutrix and took her away with him. During the course of investigation, prosecutrix was recovered from the possession of the present applicant/accused. 4. Learned counsel for the applicant contended that the applicant is innocent and he has been falsely implicated in the case by police. He further contended that That material witness has been examined before the trial court, including the Prosecutrix, her father and mother. The victim eloped with the applicant on her own and there was no compulsion for her. The victim has admitted that she and the applicant have been residing together after solemnizing marriage. Even if the prosecution story is accepted in its entirety, the offence alleged is not made out against the present applicant. The prosecution has not filed any substantial document to prove the age of 3 the prosecutrix that she is a minor. The applicant is in jail since 04.11.2024, charge sheet has been filed and there is no requirement of custodial interrogation by the police. Further, the conclusion of the trial is likely to take some time. Hence, it is prayed that the applicant may be released on bail. 5. Per contra, learned counsel appearing on behalf of the State opposes the bail application submitted by the applicant. 6. I have heard learned counsel for the parties, perused the case diary and other materials available on record. 7. Taking into consideration the facts and circumstances of the case and particular considering that material witnesses have been examined before the trial Court. Prosecutrix and her parents have also been examined before the trial Court. Further considering that applicant has performed the marriage with the prosecutrix, the same is verified by the Aadhar Card of the prosecutrix in which name of the applicant has been mentioned as husband of the prosecutrix. Charge-sheet has been filed, the prosecution has not shown that the applicant is trying to tamper the witnesses, applicant is in jail since 04.11.2024 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 in this case. 8. Let the applicant involved in Crime No.300/2021, registered at Police Station- Chhuikhadan, District Khairagarh-Chhuikhadan-Gandai (KCG) (C.G.) for the offence as mentioned above, be released on bail on his 4 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 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 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, 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 5 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 Vasant