1 2025:CGHC:9592 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 705 of 2025 1 - Rahul Bishal S/o Trilochan Bishal Aged About 23 Years R/o- Village Basti Saraipali Police Station Saraipali, District Mahasamund (C.G.) ... Applicant versus 1 - State of Chhattisgarh Through Police Station - Basna, District Mahasamund (C.G.) ... Respondent For Applicant : Mr. Kishore Narayan, Advocate For State /Respondent : Ms. Vaishali Mahilong, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 25/02/2025 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 18/10/2024 in connection with Crime No.436/2024, registered at Police Station- Basna, District Mahasamund ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.03.03 10:32:50 +0530 2 (C.G.) for the offence punishable under Sections 137(2), 87, 64 (2) (m) BNS and Sections 4 & 6 of the POCSO Act. 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 thereafter on the pretext of marriage committed forceful sexual intercourse with her despite knowing full well that the prosecutrix is a minor. Thereafter, on the basis of the report of the father of the prosecutrix, the investigation started and during investigation the prosecutrix was recovered from the possession of the applicant on 17/10/2024 and the applicant was arrested. 3. Learned counsel for the applicant submits that the prosecutrix has been examined before the trial Court and she has not supported the case of the prosecution and she has stated that she left her home after having a fight with the family members and was working in a Mall. He would lastly contend that there is no previous antecedent against the applicant, charge-sheets have been filed, applicant is in jail since 18/10/2024 and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail. 4. Per contra, learned counsel appearing on behalf of the State opposes the bail applications submitted by the applicants. 3 5. Notice issued to the victim has been duly served, however, no one appeared on behalf of the victim. In such circumstances, Mr. Anil Gulati, Advocate, who is present in the Court is appointed as amicus curiae to assist the Court on behalf of the victim. 6. After going through the documents, Mr. Anil Gulali, Advocate appointed as amicus curiae, opposes the prayer for grant of bail for the applicant. 7. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 8. Taking into consideration the facts and circumstances of the case and particularly considering the the statement of the prosecutrix wherein she has stated her age to be 17 years and she on her own left her house and was residing in Raipur and was working there and after she returned her home thereafter the report was lodged and has not stated anything about the present applicant and further considering the fact that the applicant is in jail since 18/10/2024 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail. 9. Let the applicant involved in Crime No.436/2024, registered at Police Station- Basna, District Mahasamund (C.G.) for the offences as mentioned above, be released on bail on his furnishing a personal bond 4 of Rs.10,000/-with one surety in the like sum to the satisfaction of the Court concerned with the following conditions : (i) The applicant shall file an undertaking to the effect that he/she 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of BNS, 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 the 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/her, in accordance with law, under Section 209 of BNS, 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 5 liberty of bail and proceed against him in accordance with law. 10. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) Judge Ashu