1 2025:CGHC:56135 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8405 of 2025 Sudeel Kumar S/o Naval Kishore Singh Aged About 24 Years R/o Village Chiniya Out Post Vijaynagar, Police Station Ramanujganj District Balrampur Ramanujganj (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station- Ramanujganj District Balrampur Ramanujganj (C.G.).....(Police Station Name Rajpur Is Wrongly Mentioned In Order Sheet) ---- Respondent For Applicant : Ms. Prachi Diwan, Advocate For Respondent/State : Ms. Sunita Manikpuri, Dy. GA Hon'ble Shri Justice Arvind Kumar Verma Order on Board 18/11/2025 1. 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.70/2025, registered at Police Station- Ramanujganj, District Balrampur Ramanujganj (C.G.) for the offence punishable under Sections 64(2)(m), 65(1) of BNS and Section 2 4(2), 5(j)(II), 5(L) read with Section 6 of POCSO Act and Section 3(2) (v) of the SC/ST (Prevention of Atrocities) Act. 2. Brief facts of this case are that the complainant (Aunt of the prosecutrix) lodged a written complaint before the police station against the accused that prosecutrix is daughter of her sister and her father abandoned her mother before her birth and her mother was also died when she was 8 years old since then she has raised her, during Saraswati Pooja accused lured the prosecutrix into a love affair, after which prosecutrix started quarrel at home when she was sent to CWC then this fact came in light that victim is pregnant, accused knowing that fact that victim was minor and belonging to tribe community and established physical relationship with her. as per the said report lodged by the Aunt of the victim crime was registered against the accused. Hence this application. 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. She further contended that the prosecutrix and applicant was having love affair with each other and prosecutrix wanted to marry with the applicant when this fact came in knowledge of the aunt of the victim she deliberately lodged report against the applicant. The medical report is also not support to the case of prosecution. The applicant is in jail since 07.05.2025 and as per the best knowledge of the family of the applicant, he has not any previous antecedent. 3 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. 6. In compliance of order dated 17.10.2025, mother of the victim has appeared before this Court through video conferencing from the DLSA Balrampur. On being asked, she raised objection for grant of bail to the applicant. 7. Taking into consideration the facts and circumstances of the case, submission made by counsel for the parties and further considering the fact that there was love affair between the applicant and the victim and the applicant is in jail since 07.05.2025 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. 8. Let the applicants involved in Crime No.70/2025, registered at Police Station- Ramanujganj, District Balrampur Ramanujganj (C.G.) for the offence punishable under Sections 64(2)(m), 65(1) of BNS and Section 4(2), 5(j)(II), 5(L) read with Section 6 of POCSO Act and Section 3(2) (v) of the SC/ST (Prevention of Atrocities) Act, be released on bail on their 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 : 4 (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 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 liberty of bail and proceed against him in accordance with law. 5 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 Vasant