1 2025:CGHC:1303 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8493 of 2024 1 - Dhaneshwar Navrange S/o Puran Navrange Aged About 22 Years R/o Tilda, Ward No. 04, Guru Ghasidas Chowk P.S. Tilda District Raipur Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House OfÏcer, P.S. Gobra Nawapara, District Raipur Chhattisgarh. --- Non-Applicant For Applicant : Ms. Payal Jain , Advocate. For State : Ms. Vaishali Mahilong, 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. 301/2024 registered at Police Station Gobra Nawapara, District Raipur (C.G.), for the offence punishable under Section 363,366,376 of IPC and Section 4 & 6 of POCSO Act. 2. Today, the victim along with her mother have appeared before this Court through VC from DSLA Raipur and have raised no 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 minor, he is said to have taken the prosecutrix to different place and Digitally signed by JYOTI JHA Date: 2025.01.10 10:55:40 +0530 2 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 01.07.2024. 4. It has been argued by the learned counsel for the applicant that prosecutix and her mother examined before the trial Court and they have turned hostile. There was an affair between the present applicant and prosecutrix and she was a consenting party and she had established sexual relationship with the applicant and resided with the applicant for three four days and the applicant is in jail since 01.07.2024, 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 the prosecutrix along with her appeared today through video conference and raised no objection for grant of bail to the applicant, and also considering the fact that prosecutrix voluntarily resided with the applicant for about 3-4 days 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 3 is in jail since 01.07.2024, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let applicant, Dhaneshwar Navrange, involved in Crime No. 301/2024, under Section 363,366,376 of IPC and Section 4 & 6 of POCSO Act, Police Station – Gobra Nawapara, District Raipur 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. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) JUDGE Jyoti