1 2025:CGHC:1302 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8486 of 2024 1 - Alok Gupta S/o Motichand Sahu Aged About 19 Years R/o Village Garma Police Outpost Dindo, P.S. Trikund District - Balrampur - Ramanujganj (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House OfÏcer Police Station - Trikund Police Outpost Dindo District - Balrampur Ramanujganj (C.G.) --- Non-Applicant For Applicant : Mr. Bhupendra Singh, Advocate. For State : Ms. Laxmin Kashyap, P.L. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 08/01/2025 1. This is the first bail application filed under Section 483 of the B.N.S.S. for grant of regular bail to the applicant who has been arrested in connection with Crime No. 34/2024 registered at Police Station Trikund, District Balrampur Ramanujganj (C.G.), for the offence punishable under Section 376(2)(n) of IPC/64(2) of B.N.S. and Section 4 & 6 of POCSO Act. 2. Today, the victim along with her father have appeared before this Court in person and have raised their objection in releasing the applicant on bail. 3. The allegation against the present applicant as per the prosecution case is that, the present applicant knowing the fact that the prosecutrix was a Digitally signed by JYOTI JHA Date: 2025.01.10 10:55:35 +0530 2 minor, he is said to have taken the prosecutrix to different place and there he is said to have on the pretext of marriage had a physical relationship with her. Subsequently, an F.I.R. in this regard was lodged and the present applicant has been arrested on 26.07.2024. 4. It has been argued by the learned counsel for the applicant that there was an affair between the present applicant and prosecutrix and both wanted to marry with each other and she was a consenting party and she had established sexual relationship with the applicant and resided with the applicant for one year and six moths and the applicant is in jail since 26.07.2024, hence he prays that the applicant be enlarged on bail. 5. Learned Panel Lawyer, appearing for the State and learned counsel for respondent/Objector however opposing the bail application submits that, the prosecutrix was aged about 16 years and the consent of the prosecutrix is immaterial for the reason that the prosecutrix was a minor and thus prayed for rejection of bail application. 6. I have heard learned counsel for the parties and perused the case diary. 7. Having heard the contentions put forth on either side and on perusal of record, particularly taking note of the fact that prosecutrix has voluntarily resided with the applicant for about one years and six moths during which the time, the victim did not seem to have raised any objection or raised an alarm or tried to escape from the clutches of the present applicant and it seems that there was love affair between them and the trial is likely to take sometime for its conclusion and the applicant is in jail since 26.07.2024, this Court is of the view that the applicant is entitled to be released on bail in this case. 3 8. Let applicant, Alok Gupta, involved in Crime No. 34/2024, under Section 376(2)(n) of IPC/64(2) of B.N.S. and Section 4 & 6 of POCSO Act , Police Station – Trikund, District Balrampur Ramanujganj Chhattisgarh, be released on bail on his furnishing a personal bond with two sureties each 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 their counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bhartiya Nyaya Sahita, 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 proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of Bhartiya Nyaya Sahita, 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 sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 9. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial expeditiously, if there is no legal impediment. 10. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Arvind Kumar Verma) JUDGE Jyoti