1 2025:CGHC:61206 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9725 of 2025 1 - Ashutosh Patel S/o Suryaprakash Patel Aged About 23 Years R/o Village Bhathri, Police Station Tarhagaon District Mungeli (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Police Station Urla, District Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Bharat Sharma, Advocate For Respondent(s) For Victim : : Ms. Nupur Trivedi, Panel Lawyer Ms. Mamta Jaiswal, Advocate 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 2 been arrested on 28.08.2025 in connection with Crime No. 279/2025, registered at Police Station- Urla, District- Raipur (C.G.) for the offence punishable under Sections 137(2), 64(2)(m) of BNS and Section 4 and 6 of POCSO Act, 2012. 2. Pursuant to the order dated 28.11.2025 the victim did not appeared before this Court though notice has been served to the father of the victim, therefore, this Court requested Ms. Mamta Jaiswal to assist the Court. 3. The prosecution story, in brief, is that a missing complaint was lodged on 06.01.2025 by the father of the victim stating that his daughter has left the house and has not returned, thereafter on 28.08.2025 the victim was recovered from the applicant’s house and upon medical examination it was found that the victim was pregnant. The victim stated that the applicant has committed forceful sexual intercourse with her . 4. Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the alleged commission of offence. The victim was a consenting party and informed to the applicant that she is a major lady. The applicant and victim were ready to marry each other. The victim is pregnant for about 5 months. The applicant is a young boy of 23 years in jail since 28.08.2025. He therefore prays for grant of bail to the present applicant. 3 5. Learned State Counsel and amicus curiae 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 accepted in her cross- examination that she herself went to the applicant and started residing with him and during this period she established physical relationship with the applicant on her own free will and she is pregnant. The applicant has no criminal antecedents. He is in jail since 28.08.2025 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- Ashutosh Patel, involved in Crime No. 279/2025 registered at Police Station- Urlaa, District- Raipur (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 4 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. (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 5 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