1 2025:CGHC:10103 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 413 of 2025 1 - Ajay Kumar S/o Satish Kumar Aged About 23 Years R/o- Village- Bantikheda, P.S.- Babri, District - Shamli (U.P.). (M.P. Wrongly Mention In Order Sheet) ... Applicant versus 1 - State of Chhattisgarh Through- Station House Officer, Police Station- Taregaon Jungle, District- Kabirdham (Kawardha) (C.G.) ... Respondent For Applicant : Mr. Ajay Ayachi, Advocate For State /Respondent : Ms. Laxmin Kashyap, PL 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 14/07/2024 in connection with Crime No.65/2024, registered at Police Station- Taregaon Jungle, District Kabirdham (Kawardha) (C.G.) for the offence punishable under ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.03.03 10:24:24 +0530 2 Sections 363, 366, 376 (2) (n) of IPC and Sections 5 (l) & 6 of POCSO Act, 2012. 2. The case of the prosecution is brief is that on 28/04/2024 the father of the victim lodged a report in the police station Taregaon Jungle alleging that on 23/04/2024 when he had gone to forest with his wife and son at that time the victim was alone in the house and when they returned home they found that his daughter was not at home. On being enquired to his other children they informed that she has gone somewhere after giving money to eat sweets. Thereafter, the search was made but she was not found. On the basis of the report lodged by the complainant, the FIR was registered and during investigation the prosecutrix was recovered from the possession of the applicant and the applicant was arrested. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated and the prosecutrix is not a minor girl she is aged about 19 years as per the Adhar Card. He would lastly contended that there is no previous antecedent against the applicant, charge-sheet has been filed, applicant is in jail since 14/07/2024 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 opposes the bail applications submitted by the applicants. 3 5. Prosecutrix along with her father appeared through video conferencing from DLSA, Kabirdham and father of the prosecutrix objected to grant of bail to the applicant. 6. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 7. Taking into consideration the facts and circumstances of the case and perused the Adhar Card of the prosecutrix wherein the date of birth has been mentioned as 01/01/2005 and the date of incident is on 23/04/2024, therefore, she was major on the date of incident further the statement under Section 164 Cr.P.C. of the prosecutrix would show that she has admitted the fact that there was love relation between the applicant and the prosecutrix and they have also performed marriage. Considering the statement of the prosecutrix and also taking consideration that there is no previous antecedent against the applicant, charge-sheet has been filed, the applicant is in jail since 14/07/2024 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. 8. Let the applicant involved in Crime No.65/2024, registered at Police Station- Taregaon Jungle, District Kabirdham (Kawardha) (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 : 4 (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 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/her 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/her 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, 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 in accordance with law. 5 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. SD/- (Arvind Kumar Verma) Judge Ashu