1 / 4 2025:CGHC:61906 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9439 of 2025 Yashwant Sahu @ Ishu S/o Duryodhan Sahu Aged About 22 Years R/o Sector 04, Road - 13, Quarter No. 13/ D, Opposite Jhopda, Police Station Bhilai Bhatti, District Durg (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Bhilai Bhatti, District - Durg (C.G.) ... Respondent For Applicant : Mr. F.S. Khare, Advocate For State /Respondent : Ms. Sunita Manikpuri, Dy. GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 19/12/2025 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 07/06/2025 in connection with Crime No. 72/2025, registered at Police Station Bhilai Bhatti, District Durg, C.G. for the offence punishable under Sections 137 (2), 87, 64, 64(2)(M), 65(1) of BNS and Sections 4 & 6 of POCSO Act, 2012. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.12.22 11:04:10 +0530 2 / 4 2. The case of the prosecution in brief is that the applicant enticed away the minor girl from the lawful custody of her parents and committed sexual intercourse with her during 01/06/2025 to 04/06/2025 on the pretext of marriage despite knowing full well that the prosecutrix is a minor. A missing report was lodged by the maternal uncle of the victim and an FIR was registered and during investigation the victim was recovered and the present applicant was arrested. 3. Learned counsel for the applicant would submit that the victim was having an affair with the applicant and she herself joined the company of the applicant. He would next contend that the fact of consent is evident from the act of the prosecutrix as she did not raise any alarm and did not disclose the aforesaid fact to anyone for a considerable period. He would next contend that the present FIR has been lodged by the maternal uncle of the prosecutrix just to falsely implicate the applicant. He would lastly contend that the the applicant is in jail since 07/06/2025, therefore, he may be enlarged on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail. 5. Notice has been duly served upon the father of the victim, however, no representation has been made. 6. Ms. Gunja Taram, Advocate, who is present in the Court has been appointed as amicus curiae on behalf of the victim and she raised objection for grant of bail to the applicant. 7. I have heard learned counsel for the parties and perused the documents. 8. Considering the entire facts & circumstances of the case and the fact that the prosecutrix has joined the company of the applicant on her own will 3 / 4 as there was a relationship between them. Therefore, considering the same as well as the detention period of the applicant as he is lodged in jail since 07/06/2025 and the charge-sheet in this case has been filed, I am inclined to release the applicant on bail. Accordingly, the bail application is allowed. 9. Let applicant Yashwant Sahu @ Ishu, involved in Crime No.72/2025, under Sections 137 (2), 87, 64, 64(2)(M), 65(1) of BNS and Sections 4 & 6 of POCSO Act, 2012 police station Bhilai Bhatti, District Durg, 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 4 / 4 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 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. 10. 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