1 2025:CGHC:18251 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2398 of 2025 Tejprakash Mahesh S/o Manglu Mahesh Aged About 27 Years R/o Village Suloni, Police Station - Sarangarh, Dist- Sarangarh-Bilaigarh Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Police Station- Saranggarh, District- Saranggarh Bilaigarh (C.G.) ... Respondent For Applicant : Mr.Sabyasachi Bhaduri, Advocate For Respondent/State :Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Justice Arvind Kumar Verma, Judge Order on Board 22.04.2025 1. The applicant has preferred this first bail application under Section 483 of the BNSS, 2023 for grant of bail as he has been arrested in connection with Crime No. 240of 2024, registered at Police Station- Sarangarh, district- Sarangarh, Bilaspur (C.G.) for the offence punishable under Section 363/34, 366, 376(2)(n) of the Indian Penal Code and Section 5(l)/6 of the POCSO Act, 2012. 2 2. Brief facts of this case are that, on 27.03.2024 at around 9 PM the accused with other co-accused Dayalu Baghel enticed and took away the prosecutrix who was alleged to be a minor girl of 16 years, 02 months and 27 days. It is further alleged that the accused took the prosecutrix to Tamil Nadu where he confined her in rented house and solemnized a marriage with her in a small temple. The prosecution claims that the accused performed repeated sexual intercourse with her over a period of time. However, the prosecutrix was rescued from the possession of the accused on 13.06.2024 and the accused was arrested. 3. Learned counsel for the applicant contended that, the allegation against the applicant is utterly baseless and stems from the fertile imagination of the prosecution. It is asserted that the prosecution has sought to invent the alleged crime and that too, in the most absurd and laughable manner. The relationship between the applicant and the alleged victim was consensual and they had willingly stayed together. The co-accused Dayalu Baghel has already been granted bail by this court in MCRC No. 8784 of 2024. Hence he be enlarged on bail in the interest of justice. 4. Per contra, learned counsel for the State opposes the bail application submitted by the applicant. 3 5. The victim of the case appeared through video conferencing, DLSA Sarangarh, District Bilaspur, Chhattisgarh and vehemently raised her objection. 6. I have heard learned counsel for the parties, perused the case and other materials available on record. 7. Taking into consideration the facts and circumstances of the case and further considering the nature of offence, particularly to the fact that the prosecutrix married the applicant in a small temple of Tamil Nadu. There was a love affair between the applicant and the prosecutrix. There they live for three months and seven days. The applicant is in jail since 13.06.2024 and the charge sheet has been filed. Trial has been commenced and eight witnesses have been examined, this court is of the considered opinion that the present case is a fit case for releasing the present applicant on bail. 8. Let the applicant involved in Crime No.240/2024, registered at Police Station- Sarangarh, District Bilaspur (C.G.) for the aforementioned offence, be released on bail on his furnishing a personal bond with two sureties 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 4 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 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. 5 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 alfiza