1 / 4 2025:CGHC:5678 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 412 of 2025 1 - Sonsingh Netam S/o Sopsingh Netam Aged About 18 Years and 2 months R/o Village- Kasai, Farasgaon, Police Station- Urandabeda, District : Kondagaon, Chhattisgarh ... Applicant versus 1 - State of Chhattisgarh Through Police Station Urandabeda, District : Kondagaon, Chhattisgarh ... Respondent For Applicant : Mr. Shobhit Koshta, Advocate For State : Ms. Sunita Sahu, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 30/01/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested on 07/06/2024 in connection with Crime No. 6/2024, registered at Police Station Urandabeda, District Kondagaon, C.G., for the offence punishable under Sections 366A, 376 (2) (j) (n) of IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.02.01 11:31:41 +0530 2 / 4 2. The case of the prosecution in brief is that on 07/06/2024 the prosecutrix went missing and thereafter it was found that the present applicant took the prosecutrix on his bike and committed sexual intercourse with her on the pretext of marriage. Thereafter, the father of the prosecutrix lodged the report and the applicant was arrested. 3. Learned counsel for the applicant would submit that the applicant and prosecutrix were having love relationship and she is a consenting party. He would next contend that the parents of the prosecutrix as well as the prosecutrix have been examined before the trial Court and they have not supported the case of the prosecution. He would next contend that no external and internal injuries have been found on the body of the prosecutrix and even the age of the prosecutrix has also not been proved. He would lastly contend that the applicant is in jail since 07/06/2024, therefore, he may be released on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail. 5. Parents of the prosecutrix appeared through video conferencing from DLSA Kondagaon and they stated that they have no objection in granting bail to the applicant. 6. I have heard learned counsel for the respective parties at length and perused the documents. 7. Considering the fact that the applicant and the prosecutrix are in love relation with each other; the parents of the prosecutrix have recorded no objection with regard to grant of bail to the applicant; the charge-sheet in this case has already been filed; the victim has already been examined before the trial Court and she did not depose anything regarding 3 / 4 commission of rape; and also the fact that the applicant is in jail since 07/06/2024, I am inclined to release the applicants on bail. 8. Let applicant Sonsingh Netam, involved in Crime No.6/2024, under Sections 366A, 376 (2) (j) (n) of IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 in police station Urandabeda, District Kondagaon, C.G. be released on bail on his furnishing a personal bond for a sum of Rs.10,000/- with one surety each in 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 sufficient cause, the trial Court may proceed against him under Section 269 of Bhartiya Nyay Sanhita, 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 issued and the applicant fails to appear before the Court on the date fixed in such 4 / 4 proclamation, then, the trial Court shall initiate proceedings against him, in accordance with law, under Section 209 of Bhartiya Nyay Sanhita, 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. 9. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. SD/- Sd/- (Arvind Kumar Verma) JUDGE ashu