1 2025:CGHC:50342 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7992 of 2025 1 - Nishikant Minj S/.O Prabhudan Minj Aged About 45 Years R/o Ntpc Darri, Korba District - Korba Chhattisgarh 2 - Suman Vaani Minj W/o Nishikant Minj Aged About 44 Years R/o Ntpc Darri, Korba District - Korba Chhattisgarh ... Applicants Versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Pathalgaon, District - Jashpur Chhattisgarh ... Respondent For Applicant : Mr. Rajeev Shrivastava, Advocate on behalf of Mr. Kaif Ali Rizvi, Advocate and Ms. Anu Mishra, Advocate For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.10.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants as they have been arrested in connection with Crime No. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.10 16:31:13 +0530 2 185/2025 registered at Police Station- Pathalgaon, District Jashpur, (C.G.) for the offence under Sections 80 and 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015. 2. Case of the prosecution in brief is that the complainant Sukhdev Nag lodged a written report at Police Station: Pathalgaon stating that on 28.08.2025, his wife delivered a girl child at the Government Hospital, Pathalgaon. On 30.08.2025, when the wife of the complainant were to be discharged, the Nurse Anupama Toppo allegedly took the newborn child for vaccination and informed that child’s condition was serious and she requires treatment outside. Thereafter the present applicants were introduced to the complainant and the complainant was assured that all the medical treatment of the girl child will be borne by them and they will return the child after recovery and thereafter the child was taken away by them and thereafter despite repeated requests the child was not returned to the complainant. On the basis of aforesaid, a report was lodged against the applicants and the applicants were arrested on 14.09.2025. 3. It has been argued by learned counsel for the applicant that the applicants have been falsely implicated in this case as there was a adoption deed signed by the present applicants, the complainant and his wife and the said adoption deed has been produced with this bail application. It is further submitted by the learned counsel for the applicants that the applicants have no criminal antecedents and they are in jail since 14.09.2025 and conclusion of the trial is likely to take quite long time. Moreover, the allegation made in the FIR does not fall 3 within the offence under Sections 80 and 81 of the Juvenile Justice Act, 2015. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge- sheet has not been filed in the present case before the competent Court, therefore, the present applicants are not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that both the parties have signed the adoption deed dated 30.08.2025 in which it has clearly been mentioned that the adoptee i.e. the present applicants have no child, therefore, the said girl child is being given to them after free will and consent of the complainant and his wife, being free from all its legal moral rights and duties and further considering the fact that the applicants are in jail since 14.09.2025, they have no criminal antecedents and and conclusion of the trial may take some time, therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. 7. Let the Applicants – Nishikant Minj and Suman Vaani Minj involved in Crime No. 185/2025 registered at Police Station- Pathalgaon, District Jashpur, (C.G.) for the offence under Sections 80 and 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015., be released on bail on each furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the 4 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 applicants 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 his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. 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 them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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. 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 them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- Sd/- Sd/- (Ramesh Sinha) Chief Justice Vaibhav