1 / 4 2025:CGHC:55675 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8656 of 2025 Premsingh Aayam S/o Chainsingh Aayam Aged About 24 Years R/o Village Kumhari Sani P.S. Pasan, District : Korba, Chhattisgarh ... Applicant versus State of Chhattisgarh Through - T I, Police Station Marwahi, District : Gaurela- Pendra-Marwahi, Chhattisgarh ... Respondent For Applicant : Mr. Avadhesh Mishra, Advocate For State /Respondent : Mr. Vikram Sharma, 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 20/06/2025 in connection with Crime No. 83/2025, registered at Police Station Marwahi Thana, District Gaurela Pendra Marwahi, C.G. for the offence punishable under Sections 137 (2), 64 (1) of the B.N.S. and Sections 4 & 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 complainant lodged a missing report on 04/06/2025 alleging therein that his daughter without informing anyone in the house has went somewhere at around 10.00 O’clock in the night. Thereafter, the FIR was registered and during investigation it was found that the present applicant enticed away the minor girl from the lawful of her parents and thereafter committed rape with her. Accordingly, the present applicant was arrested. 3. Learned counsel for the applicant would submit that there is uncertainty with regard to age of the victim as the father of the victim PW-2 in para 5 of his deposition stated that he has no knowledge with regard to age of the victim. He would next contend that there is contradiction and omission in the statement given by the prosecutrix before the JMFC and before the trial Court. He would next contend that the prosecutrix was a consenting party and there is love affair between the applicant and the prosecutrix. He would lastly contend that the applicant is in jail since 20/06/2025, 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 Marwahi before this Court and she raised objection with regard to grant of bail to the applicant. 6. I have heard learned counsel for the parties and perused the documents. 7. Perused the statement of the prosecutrix PW-1, wherein she has stated that she was in love relation with the applicant. Further the statement of the father of the prosecutrix PW-2 would show that he is not in know 3 / 4 about the date of birth of the victim and he stated the date of birth at the time of admission on the basis of presumption. 8. Perusal of the documents would show that there is love affair between the prosecutrix and the applicant and there is uncertainty with respect to age of the prosecutrix. Considering the same and the entire facts & circumstances of the case as well as the detention period of the appellant as he is in jail since 20/06/2025, I am inclined to release the applicant on bail. 9. Let applicant Premsingh Aayam, involved in Crime No.83/2025 under Sections 137(2), 64 (1) of the B.N.S. and Sections 4 & 6 of POCSO Act, police station Marwahi Thana, District Gaurela Pendra Marwahi, 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. 4 / 4 (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. (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. 10. 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