1 / 4 2025:CGHC:61894 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9846 of 2025 Tejram Kamar S/o Bahur Singh Kamar Aged About 21 Years R/o Banlohjhar, P/s Fingeshwar, District Gariyaband, C.G. ... Applicant versus State of Chhattisgarh Through SHO P/s Chhura, District Gariyaband, C.G. ... Respondent For Applicant : Mr. Akash Mishra, Advocate For State /Respondent : Mr. Shubham Bajpayee, 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 14/05/2025 in connection with Crime No. 62/2025, registered at Police Station Chhura, District Gariyaband, C.G. for the offence punishable under Section 64 (1) of the B.N.S. and Section 4(1) of the Protection of Children from Sexual Offences Act, 2012. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.12.22 11:04:12 +0530 2 / 4 2. The case of the prosecution in brief is that the mother of the prosecutrix lodged a written complaint in the concerned police station that her minor daughter has left the house and returned on the next day. On being asked she disclosed the fact that she was with the applicant and the applicant has committed sexual intercourse with her on the pretext of marriage. Thereafter, the FIR was registered and the present applicant was arrested. 3. Learned counsel for the applicant would submit that the prosecutrix is a consenting party as she herself left the home and joined the company of the applicant. He would next contend that she returned her home on the next day and disclosed the fact of sexual intercourse which goes to show that it is a case of love affair. He would next contend that the mother of the prosecutrix has also turned hostile and even before the trial Court she gave her no objection for grant of bail. He would lastly contend that the age of the prosecutrix is 17 years and the applicant is in jail since 14/05/2025, 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 mother appeared through VC from DLSA Gariyaband and she recorded her no 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 statement of the prosecutrix would show that she has turned hostile and she has also given her no objection for grant of bail to the applicant and it is a case of consensual relationship because the prosecutrix and the applicant are having an affair. Therefore, 3 / 4 considering the same and the fact that the applicant has been lodged in jail since 14/05/2025, therefore, I am inclined to release the applicant on bail. Accordingly, the bail application is allowed. 8. Let applicant Tejram Kamar, involved in Crime No.62/2025, under Section 64(1) of the B.N.S. and Section 4 (1) of POCSO Act, 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. (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