1 2025:CGHC:794 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8352 of 2024 Amit Diwakar S/o Golu Aged About 19 Years R/o Gram- Phulwarikala, Police Station- Lalpur, District- Mungeli, C.G. ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Lalpur, District- Mungeli, C.G. ---- Respondent For Applicant : Dr. Arpit Lal, Advocate (through VC) For Respondent/State : Ms. Laxmeen Kashyap, P.L. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 06/01/2025 1. Heard, Dr. Arpit Lal, counsel for the applicant and Ms. Laxmeen Kashyap, P.L. for the State-Respondent. 2. In compliance of Court’s order dated 02.12.2024, today victim is appeared along with her parents before this Court. On being asked, she has no objection to release the applicant on bail. 2 3. The applicant has been preferred this first bail application under Section 483 of the BNSS, 2023 for grant of regular bail as he is arrested in connection with Crime No.48/2024, registered at Police Station- Lalpur, District Mungeli (C.G.) for the offence punishable under Sections 363, 366, 376(2)(n) of IPC and Sections 4 & 6 of the POCSO Act, 2012. 4. Brief facts of this case are that, the applicant took the minor daughter of the complainant out of their legal custody by luring her and the applicant raped her repeatedly against her will. On the report of the complainant, the offence was registered against the applicant under section 363, 366, and 376 (2) (n) of IPC and the applicant was arrested on 04.11.2024. The charge-sheet has not been filed and the matter is being investigated by the police office of the Lalpur Police station, District Mungeli (C.G.). The present applicant is in jail since 04.11.2024. 5. Learned counsel for the applicant contended that, the present applicant is innocent he has not committed any offence, he has been falsely implicated in the aforesaid case. He further contended that, the present applicant neither involved in the commission of kidnapping nor sexual assault upon the victim. The victim was residing with the present applicant with her own will. He further contended that, even if the prosecution story is taken as it is then also no offence would be made out against the 3 present applicant. He further contended that, the victim girl is herself willing to live with the present applicant and that she is 08 months pregnant. This goes on to show the consensual relationship of the girl with the applicant. He further contended that the applicant is in jail since 04.11.2024 and and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail. 6. Per contra, learned counsel for the State opposes the bail application submitted by the applicant. 7. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 8. Taking into consideration the facts and circumstances of the case and further considering that at the time of incident, age of the victim was 16 years and 07 months and at present she is major, i.e., she attained the age of 18 years. The applicant is married to the prosectrix and out of their wedlock, one child is born and victim is also agree to live with the applicant/accused. The 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. 9. Let the applicant- Amit Diwakar involved in Crime No.48/2024, registered at Police Station- Lalpur, District Mungeli (C.G.) for 4 the offence punishable under Sections 363, 366, 376(2)(n) of IPC and Sections 4 & 6 of the POCSO Act, 2012, be released on bail on his 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. 5 (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. 10. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible, if there is no legal impediment. 11. 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 VASANT KUMAR Digitally signed by VASANT KUMAR