1 / 4 2025:CGHC:61937 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9870 of 2025 Neelkanth Nagesh S/o Amit Nagesh Aged About 19 Years Caste - Mali, R/o Vill. Kandekela, P.S.- Amlipadar, District - Gariyaband (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House Officer (S.H.O.), Police Station - Amlipadar, District - Gariyaband (C.G.) ... Respondent For Applicant : Mr. Ravi Kumar Kashyap, Advocate For State /Respondent : Ms. Priya Sharma, 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 31/08/2025 in connection with Crime No. 91/2025, registered at Police Station Amlipadar, District Gariyaband, C.G. for the offence punishable under Sections 137(2), 87, 64(2)(M) & 3 (5) of the ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.12.22 11:04:12 +0530 2 / 4 B.N.S., Sections 4 & 6 of POCSO Act & Section 3(2) (v) of the SC /ST Act. 2. The case of the prosecution in brief is that the father of the prosecutrix lodged a missing report on 29/08/2025 that his daughter went missing and the present applicant has enticed her away and in which the co- accused persons Nehru Manji and Jhajmal Netam helped him in commission of the said offence. Thereafter, on the basis of the said report an FIR was registered and during the investigation the prosecutrix was recovered and the present applicant was arrested. 3. Learned counsel for the applicant would submit that the prosecutrix is in love relation with the present applicant for the last 7-8 months. He would next contend that they are classmates and the family members of the prosecutrix are against their relationship, therefore, she herself eloped with the applicant. He would lastly contend that the age of the prosecutrix is 17 years & 03 months and she was on the border line and would submit that the applicant is in jail since 31/08/2025, 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 prosecutrix, however, no representation has been made on behalf of the prosecutrix. 6. Ms. Sweksha Sharma, Advocate, who is present in the Court is appointed as amicus curiae on behalf of the victim and she opposes the application for grant of bail. 7. I have heard learned counsel for the parties and perused the documents. 3 / 4 8. Perusal of the documents would show that the prosecutrix and the applicant are known to each other and they used to study in the same class and the prosecutrix herself eloped with him. Therefore, it is a case of consensual relationship and the age of the victim is more than 17 Years i.e. 17 Years and 03 Months and the age of the applicant is 19 Years, considering the same as well as the detention period of the appellant i.e. from 31/08/2025, therefore, I am inclined to release the applicant on bail. 9. Let applicant Neelkanth Nagesh, involved in Crime No.91/2025, under Sections 137(2), 87, 64(2)(M) & 3 (5) of the B.N.S., Sections 4 & 6 of POCSO Act & Section 3(2) (v) of the SC /ST Act, police station Amlipadar, District Gariyaband, 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. 4 / 4 (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 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