1 2025:CGHC:21682 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3696 of 2025 Chain Singh Thakur @ Shubham S/o Shushil Thakur Aged About 24 Years R/o Village Aamalori, Thana- Utai, Tahsil - Patan, Dist- Durg (C.G.) ... Applicant versus State of Chhattisgarh Through District Magistrate, Distt.- Rajnandgaon (C.G.) ... Non-applicant For Applicant : Mr. Samir Singh, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 09.05.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 56/2025 registered at Police Station : Somni, District – Rajnandgaon (C.G.) for the offence punishable under Sections 137(2), 87 of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story in brief is that the father of the victim lodged a missing report on 23.02.2025, stating that his minor daughter went missing on 22.02.2025. The police investigated the matter, and on RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 24.02.2025, she was recovered from the accused. Subsequently, Section 87 of the BNS was added, and the police registered the aforementioned offence and arrested the applicant in connection with the alleged offence. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the applicant is a 24-year-old boy and that there was no sexual assault in the alleged commission of the offence. He also submits that there is no material in the charge-sheet that constitutes the offence alleged against the applicant. He further submits that the applicant and the complainant reside in the same village, and due to an old dispute, the complainant developed a false story and lodged a report, even though she did not make any allegations against the applicant. Except for the memorandum, there is no admissible evidence against the applicant. He also submits that the investigation has been completed, and a perusal of the victim's statement, as well as the delay in lodging the FIR, indicates the false implication of the applicant. He further submits that the applicant has no criminal antecedents and he is in jail since 24.02.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the present applicant/accused lured the minor girl of the complainant, took her away on his motorcycle, and married her, therefore, the applicant is not entitled for grant of regular bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and from perusal of the statement of the victim recorded under Section 183 of the BNSS, it appears that although the victim is a minor, she eloped with the applicant, furthermore, it is stated that no sexual assault was committed against the victim by the applicant, also considering the fact that the charge-sheet has already been submitted before the competent Court in the present and the applicant has been in jail since 24.02.2025, the trial is likely to take sometime for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Chain Singh Thakur @ Shubham, involved in Crime No. 56/2025 registered at Police Station : Somni, District – Rajnandgaon (C.G.) for the offence punishable under Sections 137(2), 87 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties 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 4 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 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 forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan