1 2025:CGHC:56136 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8404 of 2025 Balram Sahu S/o Dinbandhu Sahu Aged About 33 Years R/o Village Nagarda, P.S. Sarsiwa, Bilaigarh, Distt. Sarangarh-Bilaigarh Chhattisgarh ... Applicant versus State of Chhattisgarh Through P.S. Sarsiwa Distt. Sarangarh-Bilaigarh Chhattisgarh ---- Respondent For Applicant : Mr. Syed Ishhadil Ali, 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.118/2025, registered at Police Station- Sarsiwa, District Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 137(2), 64(2), 87 of BNS & Section 6 of the POCSO Act. 2 2. Brief facts of this case are that the prosecutrix and the applicant/accused came into contact through Instagram and developed a liking for each other. On 20.04.2025, the applicant/accused called the prosecutrix over the phone and asked her to elope for marriage. On 21.04.2025, the applicant/accused took the prosecutrix from Bhatgaon Bus Stand to Raipur, and from Raipur to Secunderabad, and thereafter to Hyderabad, where he kept her with him in the slum area of Raja Pushpa Company. On 01.05.2025, despite knowing that the prosecutrix was a minor, the applicant/accused solemnized marriage with her in a temple and thereafter brought her back to his slum, where he continued to have physical relations with her till 28.07.2025, On 30.07.2025, at about 09:00 a.m., the police arrived, recovered the prosecutrix from the custody of the applicant/accused, and took her to Police Station Sarsiwa. 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 the present applicant has been arrested by Police Station Sarsiwa in connection with Crime No. 118/2025 and is presently in custody. The applicant is innocent and has not committed any offence with the prosecutrix. He further contended that in compliance with the notice issued to the prosecutrix and the complainant, the prosecutrix appeared along with her father before the learned Court below and upon being asked regarding the grant of bail to the applicant, they 3 stated that they have no objection to the applicant being granted the benefit of bail, and a note to this effect has been recorded in the order sheet dated 08.09.2025. The applicant's father is in extremely poor health, and the responsibility of his care and medical treatment solely rests upon the applicant. There is no likelihood of the applicant absconding. The applicant seeks to be released on bail and is willing to comply with all conditions that may be imposed by this Hon'ble Court. 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. 6. In compliance of Court’s order dated 17.10.2025, victim appeared before this Court and on being asked, she has no 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, further considering the fact that the applicant/accused called the prosecutrix over the phone and on 21.04.2025, the applicant/accused took the prosecutrix from Bhatgaon Bus Stand to Raipur, and from Raipur to Secunderabad, and thereafter to Hyderabad, therefore, it appears that the prosecutrix is a consenting 4 party, further considering that the prosecutrix appeared along with her father before the trial Court and upon being asked regarding the grant of bail to the applicant, they have no objection for grant of bail to the applicant 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. 8. Let the applicant involved in Crime No.118/2025, registered at Police Station- Sarsiwa, District Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 137(2), 64(2), 87 of BNS & Section 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 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 5 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. 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