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2025:CGHC:61897
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9833 of 2025 Sanni Yadav S/o Roshan Yadav Aged About 19 Years R/o Yadavpara, Raipura, P.S. D.D. Nagar, Raipur, District Raipur, Chhattisgarh
... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station D.D. Nagar, District Raipur, Chhattisgarh.
... Respondent For Applicant : Mr. B.L. 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 18/09/2025 in connection with Crime No. 416/2025, registered at Police Station D.D. Nagar, District Raipur, C.G. for the offence punishable under Sections 137(2), 64(1) of the B.N.S. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.12.22 11:04:10 +0530
2 / 4 and Section 4 of the Protection of Children from Sexual Offences Act,
2012.
2. The case of the prosecution in brief is that the applicant enticed away the minor girl from the lawful custody of her parents and committed sexual intercourse with her despite knowing full well that the prosecutrix is a minor. Thereafter, the missing report was lodged and the prosecutrix was recovered during investigation and the present applicant was arrested.
3.
Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he has not committed any offence as alleged against him. He would next contend that there is a love relation between them and the prosecutrix has given her no objection for grant of bail. He would lastly contend that the applicant is aged about 19 years and is in jail since 18/09/2025, 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 mother appeared through VC from DLSA Raipur and she has 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 no objection given by the prosecutrix and her mother for grant of bail to the applicant and the fact that it is a case of love relation and the applicant is lodged in jail since 18/09/2025 and the age of the applicant is 18/09/2025 further considering the fact that the charge-sheet
3 / 4 in this case has been filed, therefore, I am inclined to release the applicant on bail. 8. Let applicant Sanni Yadav, involved in Crime No.416/2025, under Sections 137(2), 64(1) of the B.N.S. and Section 4 of POCSO Act, police station D.D. Nagar, District Raipur, 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 against him, in accordance with law, under Section 209 of
4 / 4 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