1 2025:CGHC:22078 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3040 of 2025 1 - Rupesh Dhruw S/o Ganesh Ram Gond (Wrongly Mentioned As Ganesh Ram Dhruw In The Impugned Order) Aged About 28 Years R/o Village Birjhuli, P.S. And Tehsil Magarlod District Dhamtari Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, P.S. Magarlod, District Dhamtari Chhattisgarh ... Non-applicant For Applicant : Mr. Prasoon Agrawal, Advocate. For Non-Applicant/State : Dr. Sourabh Pandey, Dy. Advocate General Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.05.2025 1. This first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who has been arrested in connection with Crime No. 47/2025 registered at Police Station – P. S. Magarold, District -Dhamtari (C.G.) for the offence punishable under Sections 137(2), 87 of the Bhartiya Nyaya Sanhita, 2023. JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.05.15 22:27:33 +0530 2 2. The prosecution's case, in brief, is that the complainant, who is the father of the victim filed a report at Police Station Magarold, alleging that the present applicant knowingly enticed his minor daughter and took her away from the lawful custody of her guardian and kept her with him as his wife. Based on the complainant's report, the police registered a First Information Report (FIR) with Crime No. 47/2025 under Sections 137(2), 87 of the Bhartiya Nyaya Sanhita, 2023, against the applicant. 3. Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in this case. He submits that the victim was 16 years of age when she eloped with the applicant and her brother and sister saw her with the applicant and thereafter scolded her and she on her own left the house and went to the house of the applicant and the applicant has not sexually assaulted her. Further the victim herself denied in her statement with respect to the sexual assault. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel for the non-applicant/State, would oppose the bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case; particularly considering the fact that in the statement the victim herself denied the allegations of sexual assault; she accompanied the applicant on her own free will and went to the house of the applicant and also 3 considering the fact that the applicant is in detention since 20.03.2025, without commenting anything on merits, I am inclined to grant bail to the applicant. 7. Accordingly, the instant MCRC is allowed. Let the Applicant – Rupesh Dhruw, involved in Crime No. 47/2025 registered at Police Station – P. S. Magarold, District -Dhamtari (C.G.) for the offence punishable under Sections 137(2) and 87 of the Bhartiya Nyaya Sanhita, 2023 be released on bail on furnishing 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 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 Bharatiya Nyaya Sanhita. (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. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial 4 court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (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. 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Jyoti/ Rahul