1 2025:CGHC:61209 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9715 of 2025 1 - Vikas S/o Sahukar Rajput Aged About 21 Years R/o Village Kaurakanpa, Police Station Nawagarh, District Bemetara, Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Nawagarh, District Bemetara, Chhattisgarh ... Respondent(s) For Applicant : Mr. Amit Kumar Sahu, Advocate For Respondent(s) : Mr. Shubham Bajpayee, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 16/12/2025 1. This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested on 03.10.2025 in connection with Crime No. 58/2025, registered at Police Station- Nawagarh, District- Bemetara (C.G.) for the offence punishable under Sections 137(2), 96, 64(2)(m) of BNS and Sections 4, 5(j)(ii) and 6 of POCSO Act, 2012. 2 2. The prosecution story, in brief, is that the applicant was arrested in view of the allegations regarding abduction and inducing the minor victim and establishing physical relations with her when she was not in the age of consent. Police has already produced the challan. 3. Pursuant to the order dated 28.11.2025, the victim appeared through DLSA Bemetara and raised no objection to the present bail application. 4. Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the alleged commission of offence. The prosecutrix has clearly stated in her statement under Section 183 of BNSS that she was having love affair with the applicant and they have performed marriage. The applicant is in jail since 03.10.2025 and therefore prays for grant of bail to the present applicant. 5. Learned State Counsel raised objection to the contentions of the counsel for the applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, particularly the fact that the prosecutrix has deposed in her statement that she was having a love affair with the applicant and they have performed marriage. The applicant has no criminal 3 antecedents. He is in jail since 03.10.2025 further the conclusion of the trial may take some more time, therefore, looking to the entire facts and circumstances of the case, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the applicant- Vikas, involved in Crime No. 58/2025 registered at Police Station- Nawagarh, District- Bemetara (C.G.), for the offence punishable under aforesaid Sections be released on bail on his furnishing a bail bond 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 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 them under Section 269 of Bhartiya Nyay Sanhita, 2023 4 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of Bhartiya Nyaya 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 BNSS. If in the opinion of the trial court absence of the applicants 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 send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) JUDGE Madhurima