1 / 4 2025:CGHC:60583 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9641 of 2025 Ashish Kumar Basor S/o Shri Sandeep Kumar Basor Aged About 19 Years R/o Cher, Police Station And Tahsil- Baikunthpur, Distt. Koriya (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Charcha, Distt. Koriya (C.G.) ... Respondent For Applicant : Mr. Ghanshyam Sharma, Advocate For State /Respondent : Mr. Karan Kumar Bahrani, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 12/12/2025 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 10/10/2025 in connection with Crime No. 197/2025, registered at Police Station Charcha, District Koriya, C.G. for the offence punishable under Sections 137(2), 87, 64 (1) of the B.N.S. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.12.16 18:02:27 +0530 2 / 4 and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012. 2. The case of the prosecution in brief is that on 06/10/2025 when the prosecutrix left her home for attending her tution classes, the applicant met her on the way and took her to Ramdaiyya Temple where he put vermilion on her forehead and performed marriage. Thereafter, he took her to his home and started living like husband and wife and made physical relations with her. On the basis of the missing report the investigation was carried out and during investigation the prosecutrix was recovered from the house of the applicant and the present 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, who on her own will joined the company of the applicant and they both have performed marriage and were living like husband and wife. He would next contend that it is also not proved that the prosecutrix was a minor on the date of incident. He would lastly contend that the age of the prosecutrix is 17 years & 06 months and she was on the border line and would submit that the applicant is in jail since 10/10/2025 and it will take time to conclude the trial, 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 VC from DLSA Koriya-Baikunthpur and she recorded her no objection with regard to grant of bail to the applicant. 6. I have heard learned counsel for the parties and perused the documents. 3 / 4 7. Perusal of the documents would show that the applicant and the prosecutrix have performed marriage and further considering the no objection given by the prosecutrix and also taking into the detention period of the applicant as he is in jail since 10/10/2025 and it will take some more time to conclude the trial, therefore, I am inclined to release the applicant on bail. 8. Let applicant Ashish Kumar Basor, involved in Crime No.197/2025, under Sections 137(2), 87, 64 (1) of the B.N.S. and Sections 4 & 6 of POCSO Act, police station Charcha, District Koriya, 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 4 / 4 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 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