Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:61824
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10433 of 2025 Suraj Kumar Kurre S/o Shyam Lal Kurre Aged About 21 Years R/o Adbhar, Ward No. 15, P.S. And Tahsil Adbhar, Distt. Sakri, Chhattisgarh.
... Applicant versus State Of Chhattisgarh Through Officer In Charge, P.S. City Kotwali, Distt. Raigarh, Chhattisgarh.
... Respondent(s) For Applicant : Mr. Ashutosh Mishra, Advocate ForRespondent For Victim : : Ms. Sunita Manikpuri, Dy. G.A. Mr. Aditya Kumar Mishra, Advocate
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 BNSS, 2023 for grant of regular bail to the applicant
2 who has been arrested on 19.11.2025 in connection with Crime No. 466/2024, registered at Police Station- City Kotwali, District- Raigarh (C.G.) for the offence punishable under Sections 137(2), 87, 64(2)(m) of BNS, 2023 and Section 6 of POCSO Act.
2. The victim appeared before the Court and contended that she is married with the applicant and has given birth to a child with the applicant. She raised no objection to the present bail application.
3. The prosecution story, in brief, is that on 04.08..2024 the father of the prosecutrix lodged a missing report alleging that his daughter was working as a receptionist in a clinic and she is missing since 03.08.2024. Subsequently, FIR was lodged under Section 137(20 of BNS against the unknown person. Thereafter the prosecutrix was found in the possession of the applicant on 19.11.2025 and the offences under Section 137(2)(m), 87, 64(2)(m) of BNS and Section 6 of POCSO Act were added.
4. Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the alleged commission of offence. He further contend that the prosecutrix performed marriage with the applicant after attaining the age of majority and they are
3 residing happily and peacefully as husband and wife and they are blessed with a child on 08.10.2025.
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 victim has married the applicant and they are blessed with a child. The applicant has no criminal antecedents, and is languishing in jail since 19.11.2025, further the conclusion of the trial may take some more time, therefore, looking to the entire
facts and circumstances of the case, particularly, the role of the present applicant, this Court is of the view that the applicant is entitled to be released on bail in this case.
8. Let the applicant- Suraj Kumar Kurre, involved in Crime No. 466/2024 registered at Police Station- City Kotwali, District- Raigarh (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
4 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 (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.
5 (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