1 2025:CGHC:54500 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7904 of 2025 1 - Manish Kumar Yadav S/o Prakash Yadav Aged About 20 Years R/o Village Gadiya, P.S. Bangaon, District Saharsa, (Bihar) ... Applicant(s) versus 1 - State Of Chhattisgarh Through P.S. Suregaon, District Balod, (C.G.) ... Respondent(s) For Applicant (s) : Shri Vidya Bhushan Soni, Advocate For Respondent/State : Ms.Priya Sharma, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 07/11/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 27/2025 registered at police station Suregaon, Bistrict Balod (CG) for the offence punishable under 2 Sections 137(2), 87, and 64(2)(m) of BNS and Section 4 & 6 of the Protection of Children from Sexual Offences Act, 2012. 2. Prosecution case in brief is that the alleged incident pertains to the year 2024.The present applicant had come to the village of the prosecutrix for construction work of a water tank. The place where the said construction was being carried out was situated along the route by which the prosecutrix used to go for her coaching classes. During this period, the prosecurtrix came in contact with the present appellant and thereafter they started conversing with each other regularly. It is alleged that one day, while the prosecutrix was taking to the applicant over the phone she was caught by her mother and she snatched her mobile and then the prosecutrix communicated with the applicant through her father’s mobile and on 23.05.2025, both of them decided to elope and get married. On 24.05.2025, at about 12.30 pm, she left her home along with the applicant, boarded a bus, went to Rajnandgaon and caught a train at 6,00 pm for Patna Bihar from where they proceeded to Saharsa and went to the house of the applicant's grandmother. On 29.05.2025, they performed marriage in a temple and resided as husband and wife and developed physical relations. Report was lodged by the father of the prosecutrix and thereafter she was recovered from the custody of the applicant from his village and on the basis of the said report, the applicant was arrested. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that there was love affair 3 between the applicant and the prosecutrix and she went along with the applicant of her own to his village where they got married in a temple and were residing as husband and wife. He further submits that the applicant is in jail since 27.06.2025, the charge sheet has been filed and the trial is likely to take some time, he is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail. 4. Learned counsel for the respondent/State opposed the bail application. 5. Notice has been duly served upon the victim but none appeared. Ms. Shivali Dubey, Advocate, present in the Court is requested to assist the Court as Amicus Curae on behalf of the victim. 6. Heard counsel for the parties and perused the record. 7. On due consideration of the rival submissions and the fact that the victim has not supported the prosecution case and further that the applicant is in jail since 27.06.2025, the charge sheet has been filed and looking to the fact that the final disposal of the trial is likely to take sufficiently long time, the present application deserves to be allowed. Accordingly, his bail application is allowed. 8. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 10,000/- with one surety to the satisfaction of the concerned trial court, he shall be released on bail on the following conditions: SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.11.10 18:30:15 +0530 4 i) He/she shall appear before the trial court regularly on each and every date, unless exempted from appearance. ii) He/she shall not make any attempt to tamper with the prosecution witnesses. Iii) the applicant is directed not to communicate/contact in any manner with the prosecutrix, her family members and the witnesses cited in the charge sheet any other person concerned or attempt to ask for any favour in the trial directly or indirectly. Sd/- (Arvind Kumar Verma) Judge