1 2025:CGHC:57194 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8877 of 2025 Arun Rajput S/o Jaleshwar Rajput Aged About 20 Years R/o Village Botebod, Chouki Sambalpur, Police Station Navagarh, District Bemetara Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Nandghat, District Bemetara, Chhattisgarh ---- Respondent For Applicant : Mr. Amit Kumar Sahu, Advocate For Respondent/State : Ms. Sunita Manikpuri, Dy. GA Hon'ble Shri Justice Arvind Kumar Verma Order on Board 25/11/2025 1. Pursuant to order dated 07.11.2025, parents of the victim appeared before this Court through virtual mode from the DLSA Bemetara and raised objection for grant of bail to the applicant. Their submission is taken on record. 2 2. The applicant has been preferred this first bail application under Section 483 of the BNSS, 2023 for grant of regular bail. The applicant is arrested in connection with Crime No.61/2025, registered at Police Station- Nandghat, District Bemetara (C.G.) for the offence punishable under Sections 137(2), 87, 96, 64(2)(m), 65(1) of BNS and Sections 4 & 6 of the POCSO Act. 3. Learned counsel for the applicant contended that, the applicant is innocent and he has falsely been implicated in the alleged crime, he has not committed any offence as alleged against him. He further contended that there are two days delay in lodging the missing report and no explanation given by the prosecution and after thought, false report has report has been lodged against the applicant, therefore, applicant is entitled for grant of bail. He further contended that the prosecutrix was a major and she was having love affair with the applicant and she was a consenting party, therefore, the offences are not made out. The applicant is in jail since 04.08.2025 and and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail. 4. Per contra, learned counsel for the State opposes the bail application submitted by the applicant. 5. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 3 6. Taking into consideration the facts and circumstances of the case, submission made by counsel for the parties, further considering the statement given by the prosecutrix under Section 183(6)(a) of the BNSS, she herself admitted that she met with the appellant, who lives in Botebod village, Sambalpur, a year ago. He was visiting her village at the time. she started talking to him, and she fell in love. On May 5, 2025, at around 10:00 p.m., she called him on mobile phone and invited him to visit her village. After arriving at the village, appellant called her, and she went to meet him near the pond in Sahu Para. She went to meet him holding her bag. When he saw the bag, he asked, "Why did you bring it?" she told him, "she don't want to stay here and want to go with the appellant." On perusal of the statement of the prosecutrix, it reveals that she was in affair and she was a consenting party and also considering that the applicant is in jail since 04.08.2025 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the applicant involved in Crime No.61/2025, registered at Police Station- Nandghat, District Bemetara (C.G.) for the offence punishable under Sections 137(2), 87, 96, 64(2)(m), 65(1) of BNS and Sections 4 & 6 of the POCSO Act, be released on bail on his furnishing a personal 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 4 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 him under Section 269 of BNS, 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 the 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 BNS, 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 5 liberty of bail and proceed against him in accordance with law. 8. 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 Vasant