1 / 4 2025:CGHC:55673 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8677 of 2025 Dharampal Yadav S/o Late Sonu Yadav, Aged About 23 Years R/o Village- Gajar, P/s Ramchandrapur, Distt. Balrampur Ramanujganj (C.G.) ... Applicant versus State of Chhattisgarh Through Police of Police Station Ramchandrapur, Distt. Balrampur Ramanujganj (C.G.) ... Respondent For Applicant : Mr. Rahul Mishra, Advocate For State /Respondent : Ms. Nupur Trivedi, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 14/11/2025 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 20/03/2025 in connection with Crime No. 05/2025, registered at Police Station P/S Ramchandrapur, District Balrampur- Ramanujganj, C.G. for the offence punishable under Sections 137 (2), 87, 64 (2) (M) of the B.N.S. 2023 and Section 5 (B), 6 of the Protection of Children from Sexual Offences Act, 2012. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.11.14 18:30:42 +0530 2 / 4 2. The case of the prosecution in brief is that the father of the prosecutrix lodged a missing report alleging that on 13/09/2025 at about 03.00 AM his wife informed him that their daughter is not present in the house. Thereafter, on the basis of the report of the father of the prosecutrix an FIR was lodged against the present applicant. During investigation the prosecutrix was recovered from the house of the applicant. Thereafter, the present applicant was arrested. 3. Learned counsel for the applicant would submit that the prosecutrix has not supported the case of the prosecution vide her statement Annexure A/2. He would next contend that there is love affair between the applicant and the prosecutrix as such she was a consenting party. He would lastly contend that the applicant is in jail since 20/03/2025 and the charge-sheet in this case has been filed, therefore, he 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 Balrampur 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. 7. Considering the entire facts & circumstances of the case, especially the deposition of the prosecutrix wherein she has turned hostile and not supported the case of the prosecution and also submitted her no objection with regard to grant of bail to the applicant as well as the fact that the applicant is in jail since 20/03/2025 and the charge-sheet in this case has been filed, I am inclined to release the applicant on bail. 8. Let applicant Dharampal Yadav, involved in Crime No.05/2025, under 3 / 4 Sections 137 (2), 87, 64 (2) (M) of the B.N.S. 2023 and Section 5 (B), 6 of the Protection of Children from Sexual Offences Act, 2012, police station P/S Ramchandrapur, District Balrampur-Ramanujganj, 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 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. 4 / 4 (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