1 / 4 2025:CGHC:61898 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9827 of 2025 Parmeshwar Yadav S/o Deepchand Yadav Aged About 22 Years R/o Bhaisadadar, P.S. Dharambandha, Nuwapada Orissa ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Chhura, District Gariyaband (C.G.) ... Respondent For Applicant : Mr. C.R. Sahu, Advocate For State /Respondent : Ms. Laxmeen Kashyap, 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 13/09/2025 in connection with Crime No. 134/2025, registered at Police Station Chhura, District Gariyaband, C.G. for the offence punishable under Sections 137(2), 87, 64(2) (ZM) of the B.N.S. and Sections 4 & 6 of Protection of Children from Sexual ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.12.22 11:04:12 +0530 2 / 4 Offences Act, 2012 (Correct mentioned offence under Section 64 (2) (d) of B.N.S. as per page No.10 and final report). 2. The case of the prosecution in brief is that the complainant, who is the father of the victim, has lodged the missing report in the police station alleging that on the date of incident the victim had gone to somewhere without informing anyone in the house. On the basis of the missing report an FIR was registered and the investigation was carried out and during investigation the victim was recovered and the present applicant was arrested. 3. Learned counsel for the applicant would submit that the prosecutrix herself joined the company of the applicant and she is aged more than 17 years. He would next contend that it has not been conclusively be proved that the prosecutrix was minor on the date of incident and she was a consenting party. He would lastly contend that the age of the prosecutrix is 17 years & 09 months and she was on the border line and the age of the applicant is 22 years and he is in jail since 13/09/2025, therefore, he may be enlarged on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail. 5. The prosecutrix along with her father appeared through VC from the DLSA Gariyaband and she raised objection for grant of bail to the applicant. 6. I have heard learned counsel for the parties and perused the documents. 7. Perusal of the documents would show that the prosecutrix herself has joined the company of the applicant and the age of the prosecutrix is more than 17 years and the applicant is aged about 22 Years. 3 / 4 Considering the fact that it is a case of consensual relationship and the more particularly the age of the prosecutrix who is said to be 17 Years and 09 Months old and the applicant is aged about 22 Years and the detention period of the applicant as he is lodged in jail since 13/09/2025, therefore, I am inclined to release the applicant on bail. 8. Let applicant Parmeshwar Yadav, involved in Crime No.134/2025, under Sections 137(2), 87, 64(2) (ZM) of the B.N.S. and Sections 4 & 6 of Protection of Children from Sexual Offences Act, 2012 (Correct mentioned offence under Section 64 (2) (d) of B.N.S. as per page No.10 and final report) police station Chhura, 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. 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