1 2025:CGHC:55337 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8093 of 2025  Kuldeep Singh @ Munku S/o Jokhan Singh Aged About 25 Years R/o Village Manora Kodaku Para, Police Station Balrampur, District - Balrampur- Ramanujganj (C.G.) ... Applicant(s) versus  State Of Chhattisgarh Through Station House O/cer Police Station Balrampur, District - Balrampur- Ramanujganj (C.G.)--- Non-Applicant For Applicant : Mr. Rajneesh Kumar Shrivastava, Advocate. For-Non-applicant : Mr. Vivek Sharma, P.L. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 13/11/2025 1. This is the rst bail application 0led 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. 82/2025 registered at Police Station Balrampur District Balrampur Ramanujganj (C.G.), for the o7ence punishable under Sections 137(2), 87, 64(2)(M) of BNS and Section 5(L)/6 of the POCSO Act. 2. The allegation against the present applicant as per the prosecution case is that, the present applicant knowing the fact that the Digitally signed by JYOTI JHA Date: 2025.11.14 10:49:21 +0530 2 prosecutrix was a minor, he is said to have taken the prosecutrix to Rajasthan and 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 20.06.2025. 3. In pursuance of notice issued to victim, Today, victim along with her father appeared before this Court through DLSA District Balrampur Ramanujganj and raised objection in releasing the applicant on bail. 4. It has been argued by the learned counsel for the applicant that from the statement of the prosecutrix recorded under Section 164 Cr.P.C, it is apparent to be a case of elopement. The prosecutrix went with the applicant on her own sweet will and she resided with the applicant for 22 days which shows the consensual relationship between the prosecutrix and the applicant. It is further submitted that the applicant is in jail since 20.06.2025, hence he prays that the applicant be enlarged on bail. 5. Learned Government Advocate, appearing for the State opposed the prayer for bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. After hearing the submissions advanced by learned counsel for the parties as well as considering the fact that it is a case of elopement 3 and that she voluntarily accompanied the applicant and established consensual relationship and also considering the fact that the trial is likely to take sometime for its conclusion and the applicant is in jail since 20.06.2025, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let applicant be released on bail on executing a personal bond for a sum of Rs.10,000/- with one surety of the like sum to the satisfaction of the concerned Trial Court with the following conditions:- (i) The applicant shall le an undertaking to the eect that he shall not seek any adjournment on the dates xed 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 xed, either personally or through their counsel. In case of his absence, without su"cient 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 xed 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 xed 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 su"cient 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. O/ce is directed to send a certi0ed copy of this order to the trial Court concerned for necessary information. Sd/- (Arvind Kumar Verma) JUDGE