1 / 4 2025:CGHC:61901 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9461 of 2025 Ashok Kumar Rajbhar S/o Gaya Rajbhar Aged About 21 Years R/o Village Lodha Badi (Tahakurganj), P.S. Kurlikot District- Kishanganj, Bihar ... Applicant versus State of Chhattisgarh Through Police Station Seepat, District- Bilaspur (C.G.) ... Respondent For Applicant : Mr. Vivek Sharma, 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 12/09/2025 in connection with Crime No. 449/2025, registered at Police Station Seepat, District Bilaspur, C.G. for the offence punishable under Sections 137(2), 87, 64 (2) (m) of the B.N.S. and Sections 5(l)/6 of Protection of Children from Sexual Offences Act, 2012. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.12.21 14:39:50 +0530 2 / 4 2. The case of the prosecution in brief is that the applicant abducted the minor girl from the lawful custody of her parents and committed sexual intercourse with her. On the basis of the missing report lodged by the maternal uncle of the prosecutrix, crime was registered and the investigation was carried out and during investigation the prosecutrix was recovered and the present applicant was arrested. 3. Learned counsel for the applicant would submit that the prosecutrix is a consenting the party and she herself joined the company of the applicant. He would next contend that the FIR has been lodged with delay and no plausible explanation has been given behind such delay. He would next contend that the prosecutrix has not supported the case of the prosecution. He would lastly contend that the age of the prosecutrix is 17 years & 05 months and she was on the border line and would submit that the applicant is in jail since 12/09/2025 and the charge-sheet in this case has been filed, 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 video conferencing from DLSA, Bilaspur and she raised objection with regard to grant of bail to the applicant. 6. I have heard learned counsel for the parties and perused the documents. 7. Perusal of the case-diary documents would show that the prosecutrix has turned hostile and she has not supported the case of the prosecution and the age of the prosecutrix was also stated to be 17 Years, 5 Months and 18 Days, therefore, she was on the border line. Considering the entire facts & circumstances of the case as it is a case of love affair and the 3 / 4 photographs annexed with the bail application also show that the prosecutrix has performed marriage with the applicant considering the same as well as the detention period of the applicant as he is lodged in jail since 12/09/2025 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. 8. Let applicant Ashok Kumar Rajbhar, involved in Crime No.449/2025, under Sections 137(2), 87, 64 (2) (m) of the B.N.S. and Sections 5(l)/6 of Protection of Children from Sexual Offences Act, 2012, police station Seepat, District Bilaspur, 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 4 / 4 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 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. 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