1 / 4 2025:CGHC:61893 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9847 of 2025 Rajendra Kumar Kurre S/o Mohanlal Kurre Aged About 30 Years R/o Village Dotopar, Police Station City Kotwali, Balodabazar, District Balodabazar- Bhatapara Chhattisgarh ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station City Kotwali, Balodabazar, District Balodabazar-Bhatapara Chhattisgarh ... Respondent For Applicant : Mr. Yogesh Chandra, Advocate For State /Respondent : Mr. Karan Kumar Bahrani, PL (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 04/08/2025 in connection with Crime No. 736/2025, registered at Police Station City Kotwali, Balodabazar, District Balodabazar-Bhatapara, C.G. for the offence punishable under ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.12.21 14:39:50 +0530 2 / 4 Sections 74 of the B.N.S. and Section 8 of the Protection of Children from Sexual Offences Act, 2012. 2. The case of the prosecution in brief is that on 02/07/2025 at about 11.00 PM (in the night) the present applicant knocked the door of the house of the victim and when the victim and her mother opened the door the applicant took the victim outside the house and pressed her breast and again on the next day the applicant tried to outrage the modesty of the victim. Thereafter, the report was lodged and the present applicant was arrested. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated on account of previous enmity. He would next contend that the prosecutrix is a consenting party she herself has called the applicant to her house. He would lastly contend that the age of the prosecutrix is more than 16 and she was on the border line and would submit that the applicant is in jail since 04/08/2025, therefore, he may be enlarged on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail. 5. The prosecutrix appeared through VC from DLSA Balodabazar- Bhatapara and she raised objection for grant of bail to the applicant. 6. I have heard learned counsel for the parties and perused the documents. 7. Perusal of the documents would show that it is a case of consensual relationship and the prosecutrix is also stated to be more than 16 years old as per radiological report. Considering the entire facts & circumstances of the case and the detention period of the applicant as he is lodged in jail since 04/08/2025 and the charge-sheet in this case has 3 / 4 been filed and trial will take some more time, therefore, I am inclined to release the applicant on bail. Accordingly, the bail application is allowed. 8. Let applicant Rajendra Kumar Kurre, involved in Crime No.736/2025, under Section 74 of the B.N.S. and Section 8 of POCSO Act, police station City Kotwali, Balodabazar, District Balodabazar-Bhatapara, C.G., be released on bail on his furnishing two personal bonds of Rs.10,000/- with two sureties 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 Section 84 of BNSS, 2023 is issued and the applicant fails to appear before the Court on the date fixed in such 4 / 4 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. (v) That, the applicant shall not give any threat to the victim and her family. (vi) That, the applicant shall appear before the concerned police Station on every first Sunday at 10.30 AM and shall mark his presence till conclusion of the trial. 9. 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