1 2025:CGHC:10142 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1137 of 2025 1 - Sandeep Verma S/o Sumit Verma Aged About 21 Years R/o Ballia Uttar Pradesh Presently R/o At B.T. Company Opposite Liquor Shop Urla District - Raipur Chhattisgarh ( Particulars Of The Applicant Is Mentioned Correctly) ... Applicant versus 1 - State of Chhattisgarh Through Police Station Chhawani District - Durg (C.G.) ... Respondent For Applicant : Mr. Anmol Sharma, Advocate For State /Respondent : Ms. Priya Sharma, PL For Objector : Ms. Aditi Singhvi, Advocate Hon'ble Shri Justice Arvind Kumar Verma Order on Board 28/02/2025 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 31/05/2024 in connection with Crime No.252/2024, registered at Police Station- Chhawani, District Durg (C.G.) for the offence punishable under Sections 376 (2) (n), 376 (3) of ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.03.03 14:01:32 +0530 2 IPC and Section 6 of POCSO Act and Section 3 (2) (V) of SC/ST (Prevention of Atrocities) Act, 1989. 2. Case of the prosecution in brief is that on 30/05/2024 the prosecutrix lodged an oral complaint before the police authorities alleging that she came in contact with the present applicant through social media and contact numbers were shared in between them and they were in talking terms with each other for one year. In the Month of April 2024 the applicant called her Bhilai to meet him and when she reached there the applicant had booked a room in a lodge and there the applicant committed sexual intercourse with her. On the basis of the oral complaint lodged by the prosecutrix, the police authorities started investigation and during investigation the applicant was arrested. 3. Learned counsel for the applicant submits that there is affair in between the applicant and the prosecutrix and the prosecutrix has lodged the report under the pressure of her family members because she was caught by her father while talking with the applicant. He would next contend that there is ambiguity with regard to the age of the prosecutrix because three different date of births have been mentioned in different documents i.e. the father of the prosecutrix has stated the date of birth to be 05/09/2008; in the birth certificate produced by the prosecution the date of birth is mentioned as 15/06/2008 and in the Dakhilkharij register the date of birth has been mentioned as 19/01/2009, therefore, 3 the age of the prosecutrix has not been proved. He would lastly contend that there is no previous antecedent against the applicant, the charge-sheet in this case has been filed, applicant is in jail since 31/05/2024 and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail. 4. Per contra, learned counsel appearing on behalf of the State and learned counsel for the objector oppose the bail application submitted by the applicant. 5. Taking into consideration the facts and circumstances of the case and the fact that the applicant and prosecutrix were having affair and there is no previous antecedent against the applicant, charge-sheet has been filed, the applicant is in jail since 31/05/2024 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail. 6. Let the applicant involved in Crime No.252/2024, registered at Police Station- Chhawani, District Durg (C.G.) for the offences as mentioned above, be released on bail on his furnishing a personal bond of Rs.10,000/-with one surety in the like sum to the satisfaction of the Court concerned with the following conditions : (i) The applicant shall file an undertaking to the effect that he/she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in 4 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of BNS, 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 the BNSS, 2023 is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/her, in accordance with law, under Section 209 of BNS, 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 applicants are 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 him/her in accordance with law. 7. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/ SD/- (Arvind Kumar Verma) Judge Ashu