1 2025:CGHC:60078 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9214 of 2025  Vinay Kumar Nishad S/o Balram Nishad Aged About 20 Years Resident Of Village Bodeli, Police Station Charama, District - North Bastar Kanker, Chhattisgarh. ... Applicant(s) versus  State Of Chhattisgarh Through Station House O昀케cer, Police Station Charama, District - North Bastar Kanker, Chhattisgarh. --- Non-Applicant For Applicant : Mr. Rajkumar Pali, Advocate. For-Non-applicant : Mr. Karan Kumar Bahrani, Panel Lawyer. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 10/12/2025 1. This is the First bail application 昀椀led under Section 483 of the B.N.S.S. for grant of regular bail to the applicant who has been arrested in connection with Crime No. 113/2025 registered at Police Station Charama, District North Bastar Kanker Chhattisgarh (C.G.), for the o昀昀ence punishable under Sections 376, 376(2)(n), 376(3) of IPC & under Section 4 & 6 of POCSO Act. 2. In pursuance of notice issued to victim, today, victim along with her father appeared/present before this Court through DLSA Bastar Kanker Digitally signed by JYOTI JHA Date: 2025.12.12 11:23:41 +0530 2 and she raised objection in releasing the applicant on bail. 3. The allegation against the present applicant as per the prosecution case is that, on 13.08.2025, the victim has lodged report to the Police Station alleging therein that the present applicant knowing the fact that the prosecutrix was a minor, he is said to have on the pretext of marriage had a physical relationship with her and thereafter she became pregnant and after she aborted the child two times. Subsequently, an F.I.R. in this regard was lodged and the present applicant has been arrested on 14.08.2025. 4. It has been argued by the learned counsel for the applicant that there was an a昀昀air between the present applicant and prosecutrix and she was a consenting party and she had established sexual relationship with the applicant, the applicant is in jail since 14.08.2025, hence he prays that the applicant be enlarged on bail. 5. Learned Panel Lawyer, appearing for the State however opposing the bail application submits that the consent of the prosecutrix is immaterial for the reason that the prosecutrix was a minor less than 16 years of age and thus prayed for rejection of bail application. 6. I have heard learned counsel for the parties and perused the case diary. 7. Having heard the contentions put forth on either side and on perusal of record, it appears that there was love a昀昀air between applicant and the prosecutrix and she established consensus relationship with her own sweet will with the applicant and considering the fact that the trial is likely to take sometime for its conclusion and the applicant is in jail since 3 14.08.2025, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let applicant be released on bail on his furnishing a personal bond of Rs. 10,000/- with one surety in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall 昀椀le an undertaking to the e昀昀ect that he shall not seek any adjournment on the dates 昀椀xed 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 昀椀xed, either personally or through their counsel. In case of his absence, without su昀케cient cause, the trial court may proceed against them under Section 269 of Bhartiya Nyaya Sahita, 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 昀椀xed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of Bhartiya Nyaya Sahita, 2023 (iv) The applicant shall remain present, in person, before the trial court on the dates 昀椀xed 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 su昀케cient 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. O昀케ce is directed to send a certi昀椀ed copy of this order to the trial Court concerned for necessary information. Sd/- (Arvind Kumar Verma) JUDGE Jyoti