1 2025:CGHC:54186 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7884 of 2025 1 - Manoj Kumar S/o Rama Aged About 21 Years R/o Village Raghunathnagar, Police Station Raghunathnagar, District Balrampur-Ramanujganj C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House OfÏcer, Police Station Raghunathnagar, District Balrampur-Ramanujganj C.G.. ---- Non-Applicant For Applicant : Mr. Arun Kumar Shukla, Advocate For-Non-applicant : Mr. Karan Kumar Bahrani, P.L. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 06.11.2025 1. This is the First bail application filed under Section 483 of the B.N.S.S. for grant of regular bail to the applicant who has been arrested in connection with Crime No. 96/2025 registered at Police Station Raghunathnagar, District Balrampur Ramanujganj (C.G.), for the offence punishable under Sections 333, 351(1), 137(2) of BNS and Section 4 & 6 of POCSO. 2. The allegation against the present applicant as per the prosecution case is that, the mother of the prosecutrix make a complainant to the 2 police station on 23.07.2025 alleging that on 18.07.2025 at about 12 o’clock appellant came to her house and threatened her minor daughter with death and took her out of her hosue and forcibly made her to sit on motorcycle and took her to his maternal uncle’s house, where the applicant raped the victim and kept her until 20.07.2025. On 20.07.2025 the victim escaped from there and told her mother about the incident. Subsequently, an F.I.R. in this regard was lodged and the present applicant has been arrested on 24.07.2025. 3. In pursuance of notice issued to victim, Today, victim along with her father appeared before this Court through DLSA Balrampur Ramanujganj and raised no objection in releasing the applicant on bail. 4. It has been argued by the learned counsel for the applicant that from the statement of the prosecutrix recorded under Section 164 Cr.P.C, it is apparent to be a case of elopement. The prosecutrix is aged about 17 years on the date of incident and she went with the applicant on her own sweet will and she resided with the applicant for about 3 days which shows the consensual relationship between the prosecutrix and the applicant and charge-sheet has been filed. It is further submitted that the applicant is in jail since 24.07.2025, hence he prays that the applicant be enlarged on bail. 5. Learned Panel Lawyer, appearing for the State opposed the prayer for bail. 3 6. I have heard learned counsel for the parties and perused the case diary. 7. After hearing the submissions advanced by learned counsel for the parties as well as considering the fact that it is a case of elopement and that she voluntarily accompanied the applicant and established consensual relationship and also considering the fact that no injury was found on her person and chart-sheet has been filed, the trial is likely to take sometime for its conclusion and the applicant is in jail since 24.07.2025, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the applicant be released on bail on his furnishing a personal bond with one surety in the 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 sufÏcient cause, the trial court may proceed against them under Section 269 of Bhartiya Nyaya Sahita, 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 Bhartiya Nyaya Sahita, 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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Arvind Kumar Verma) JUDGE Jyoti