1 2025:CGHC:9604 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 658 of 2025 1 - Naresh Ahirwar S/o Brijkishor Ahirwar Aged About 21 Years (Wrongly Mentioned As 26 In Order sheet), R/o Village Dhawa Bangra, Police Station- Sendri, District- Newadi, Madhya Pradesh. ... Applicant versus 1 - State of Chhattisgarh Through Police Station Tilda Newra, District- Raipur, Chhattisgarh. ... Respondent For Applicant : Mr. Pragalbha Sharma, Advocate For State /Respondent : Ms. Sunita Sahu, PL For Objector : Ms. Jyoti Singh, Advocate Hon'ble Shri Justice Arvind Kumar Verma Order on Board 25/02/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 09.10.2024 in connection with Crime No.335/2024, registered at Police Station- Tilda Newra, District Raipur ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.03.03 10:38:29 +0530 2 (C.G.) for the offence punishable under Sections 450 & 376 (3) (n) IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012. 2. Case of the prosecution in brief is that on 02/07/2024 the prosecutrix lodged a complaint before the police station alleging that on 22/04/2024 when she was alone in her house at about 12.00 am in the night, at that time, the applicant came to her house and proposed her for marriage and committed sexual intercourse on the pretext of marriage. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated and there is delay of more than 02 months in lodging the FIR and no plausible explanation has been given for such delay. He would next contend that the case in reality is that the applicant and the prosecutrix became friend on social media and he never visited the house of the prosecutrix as he is resident of Madhya Pradesh and he has been arrested from there. He would lastly contend that the applicant is in jail since 09/10/2024, therefore, he may be released on bail. 4. Per contra, learned counsel appearing on behalf of the State as well as objector oppose the bail application submitted by the applicant. 3 5. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 6. Considering the entire facts and circumstances of the case, submission made by learned counsel for the applicant, wherefrom it has been shown that the applicant and the prosecutrix were in love relation with each other and they became friends on social media and further detention period of the applicant as he is in jail since 09/10/2024, I am inclined to allow this bail application and release the applicant on bail. 7. Let the applicant involved in Crime No. 335/2024, registered at Police Station- Tilda Newra, District Raipur (C.G.) for the offence punishable under Sections 450 & 376 (3) (n) IPC and Section 4 of the Protection of Children from Sexual Offences 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/she 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/her 4 counsel. In case of his absence, without sufficient cause, the trial court may proceed against him/her under Section 269 of BNS, 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his/her presence, proclamation under Section 84 of the BNSS, 2023 is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/her, in accordance with law, under Section 209 of BNS, 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 applicants are 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/her in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/-SD/- (Arvind Kumar Verma) Judge Ashu