1 / 4 2025:CGHC:59569 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9469 of 2025 Chumman Kanwar S/o Tikuram Kanwar Aged About 21 Years R/o Village Nawagaon P S Kurud, District : Dhamtari, Chhattisgarh ... Applicant versus State of Chhattisgarh Through P S - Magarlod, District : Dhamtari, Chhattisgarh ... Respondent For Applicant : Mr. Shobhit Koshta, Advocate For State /Respondent : Mr. Karan Kumar Bahrani, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 08/12/2025 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 11/01/2025 in connection with Crime No. 282/2024, registered at Police Station Magarlod, District Dhamtari, C.G. for the offence punishable under Sections 137 (2), 87, 64 (1) (M) of the ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.12.10 11:04:21 +0530 2 / 4 B.N.S. and Section 6 of the Protection of Children from Sexual Offences Act, 2012. 2. The case of the prosecution in brief is that the mother of the prosecutrix lodged a missing report on 15/09/2024 that her daughter has gone missing from 22/08/2024. On the basis of the said missing report an FIR was registered and the police investigated the matter and thereafter the prosecutrix was recovered from the possession of the present applicant. Thereafter, the present applicant was arrested. 3. Learned counsel for the applicant would submit that the prosecutrix is a consenting party and she has performed marriage with the applicant. He would next contend that the medical report do not suggest any injury on the body part of the prosecutrix. He would next contend that in order to prove the age no documents have been produced. He would lastly contend that the age of the prosecutrix as per the prosecution is 16 years & 02 months and she was on the border line and would submit that the applicant is in jail since 11/01/2025, therefore, he may be enlarged on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail. 5. The prosecutrix appeared along with her mother through VC from DLSA, Dhamtari and she objected for grant of bail to the applicant. 6. I have heard learned counsel for the parties and perused the documents. 7. Perusal of the documents would show that the applicant and the prosecutrix have performed marriage and she was a consenting party. Therefore, considering the same and the fact that the material witnesses have been examined and the charge-sheet in this case has been filed 3 / 4 further the detention period of the applicant as he is in jail since 22/08/2024, therefore, I am inclined to release the applicant on bail. 8. Let applicant Chumman Kanwar, involved in Crime No.282/2024, under Sections 137 (2), 87, 64 (1) (M) of the B.N.S. and Section 6 of the Protection of Children from Sexual Offences Act, 2012, police station Magarlod, District Dhamtari, 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 4 / 4 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