1 / 4 2025:CGHC:61902 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9458 of 2025 1 - Chova Ram Bisen S/o Late Prabhu Ram Bisen Aged About 45 Years 2 - Smt. Champeshwari Bisen W/o Chova Ram Bisen Aged About 40 Years Both R/o Village Mohera, Police Station and Tahsil Magarlod, District Dhamtari Chhattisgarh ... Applicants versus State of Chhattisgarh Through The Station House Officer, Police of Police Station Magarlod, District Dhamtari Chhattisgarh ... Respondent For Applicants : Ms. Gunja Taram, 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 06/09/2025 in connection with Crime No. 134/2025, registered at Police Station Magarlod, District Dhamtari, C.G. for the offence punishable under Sections 137(2), 87, 64(2) (N) of the ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.12.21 14:39:50 +0530 2 / 4 B.N.S. and Sections 4, 6 & 17 of Protection of Children from Sexual Offences Act. 2. The case of the prosecution in brief is that the father of the victim lodged a written complaint alleging that on 05/08/2025 the son of the applicants allured the minor victim and took her to Sirpur (Mahashtra) and resided together there. Thereafter, the parents of the accused i.e. the present applicants took the applicant and the victim to their house. Thereafter, on 04/09/2025 the prosecutrix came to her house and narrated the entire incident and also disclosed the fact of commission of rape by the son of the applicants and the present applicants also helped their son in the said act and also assaulted the victim. On the basis of the aforesaid complaint an FIR was registered and the applicants were arrested. 3. Learned counsel for the applicants would submit that the victim on her own will left the house and joined the company of the son of the applicants in which the present applicants have no role. She would next contend that the victim has performed marriage with the son of the applicants. She would next contend that medical report do not show any injury on the body part of the victim to substantiate the allegation of assault. She would lastly contend that the present applicants being the mother and father of the boy have not played any role in the crime and they are lodged in jail since jail since 06/09/2025, therefore, they 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 Dhamtari and she raised objection for grant of bail to the applicants. 3 / 4 6. I have heard learned counsel for the parties and perused the documents. 7. Perusal of the documents would show that the applicants are the parents and they have not played any role in the crime of sexual assault and they being the old aged persons are lodged in jail since 06/09/2025 further considering the fact that the charge-sheet in this case has been filed, therefore, I am inclined to release the applicants on bail. Accordingly, the bail application is allowed. 8. Let applicants Chova Ram Bisen & Smt. Champeshwari Bisen, involved in Crime No.134/2025, under Sections 137(2), 87, 64(2) (N) of the B.N.S. and Sections 4, 6 & 17 of Protection of Children from Sexual Offences Act, police station Magarlod, District Dhamtari, C.G., be released on bail on each of them furnishing the personal bond with one surety in like amount to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants 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. 4 / 4 (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 84 of BNSS, 2023 is issued and the applicants 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 Nyay Sanhita, 2023. (iv) The applicants 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