1 / 4 2025:CGHC:59234 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9116 of 2025 Vedprakash Bandhe S/o Jeewan Lal Bandhe Aged About 22 Years R/o Village- Nipani, P.S. Balod District- Balod C.G. ... Applicant versus State of Chhattisgarh Through- P.S. Balod, District- Balod (C.G.) ... Respondent For Applicant : Mr. Hemant Gupta, Advocate For State /Respondent : Ms. Priya Sharma, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 05/12/2025 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 02/08/2025 in connection with Crime No. 307/2025, registered at Police Station Balod, District Balod, C.G. for the offence punishable under Sections 87, 64(2)(M) BNS and Sections 4, 5(L)/6 of POCSO. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.12.05 18:53:29 +0530 2 / 4 2. The case of the prosecution in brief is that the applicant enticed away the minor girl from the lawful custody of her parents and committed sexual intercourse with her on the pretext of marriage knowing full well that the prosecutrix is a minor and on account of that the prosecutrix became pregnant and delivered a child. Thereafter, on the information given by the concerned Hospital to the police the investigation was carried out wherein it came to fore that the present applicant has committed rape with the minor girl. Thereafter, an FIR was registered and the applicant was arrested. 3. Learned counsel for the applicant would submit that it is a case of love affair and the prosecutrix was a consenting party. He would next contend that the prosecutrix has been examined and she has not supported the case of the prosecution. He would next contend that the proseutrix is a major lady and has performed marriage with the applicant and they are living like husband and wife. He would lastly contend that the applicant is in jail since 02/08/2025 and the charge-sheet in this case has been filed and the trial will take some more time, therefore, the applicant may be enlarged on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail. 5. The prosecutrix appeared through video conferencing from DLSA Balod and she recorded her no objection with regard to grant of bail tot he applicant. 6. I have heard learned counsel for the parties and perused the documents. 7. Perusal of the documents would show that it is a case of affair and further the applicant and the prosecutrix have performed marriage. 3 / 4 Therefore, considering the entire facts & circumstances of the case and the no objection given by the prosecutrix and the detention period of the applicant as he is lodged in jail since 02/08/2025 and the charge-sheet in this case has been filed, I am inclined to release the applicant on bail. Accordingly, the bail application is allowed. 8. Let applicant Vedprakash Bandhe, involved in Crime No.307/2025, under Sections 87, 64(2)(M) BNS and Sections 4, 5(L)/6 of POCSO Act, police station Balod, District Balod, C.G., be released on bail on his furnishing a personal bond with one surety 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 them 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 4 / 4 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 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 them 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/- (Arvind Kumar Verma) JUDGE ashu