1 / 4 2025:CGHC:61905 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9447 of 2025 Dharmendra Yadav S/o Shri Sonu Yadav Aged About 22 Years R/o Vill. Dayalpur, OP- Sambalpur, Thana - Nawagarh, Distt.- Bemetara (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer Police Station- Berla, Distt.- Bemetara (C.G.) ... Respondent For Applicant : Mr. Khilendra Sahu, 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 29/07/2025 in connection with Crime No. 50/2025, registered at Police Station Berla, District Bemetara, C.G. for the offence punishable under Sections 137 (2), 64 (2) (m) of the B.N.S. and Section 6 of the Protection of Children from Sexual Offences Act, 2012. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.12.21 14:39:50 +0530 2 / 4 2. The case of the prosecution in brief is that the father of the victim lodged a missing report in the Police Station on 28/02/2025 that his minor daughter had gone to her material uncle’s house in Village Hasda on 21/02/2025 from where she went missing on 27/02/2025. Thereafter, the investigation was carried out and the prosecutrix was recovered from the possession of the applicant. Thereafter, the present applicant was arrested. 3. Learned counsel for the applicant would submit that the Victim PW-1, mother of the Victim PW-2 and father of the Victim PW-3 have already been examined and they have not supported the case of the prosecution. He would next contend that the victim has specifically stated in her court statement that the applicant is her husband and they have performed marriage. He would next contend that the victim is a consenting party and it is a case of consensual relationship. He would lastly contend that the charge-sheet in this case has been filed and the applicant is lodged in jail since 29/07/2025, therefore, he may be enlarged on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail. 5. The prosecutrix appeared through VC from DLSA Bemetara and she recorded her no objection with regard to grant of bail to the applicant. 6. I have heard learned counsel for the parties and perused the documents. 7. Considering the statement given by the prosecutrix wherein she has turned hostile and also gave her no objection before this Court which shows that it is a case of consensual relationship and the applicant is in jail since 29/07/2025 and the parents of the prosecutrix have also turned 3 / 4 hostile, therefore, I am inclined to release the applicant on bail. Accordingly, the bail is allowed. 8. Let applicant Dharmendra Yadav, involved in Crime No.50/2025, under Sections 137(2), 64(2)(m) of the B.N.S. and Section 6 of the Protection of Children from Sexual Offences Act, 2012 police station Berla, District Bemetara, 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. (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 4 / 4 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