1 2025:CGHC:56092 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8788 of 2025 1 - Manoj Nirmalkar S/o Late Dwarika Prasad Nirmalkar Aged About 22 Years R/o Village- Hardi, Police Station- Hirri, District- Bilaspur (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station - Hirri, District- Bilaspur (C.G.) ... Respondent(s) For Applicant : Mr. Rajeev Dubey, Advocate For Respondent(s) : Ms. Nupur Trivedi, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 18/11/2025 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS, 2023 for grant of bail as he has been arrested in connection with Crime No. 265 of 2023, registered at Police Station- Hirri, District- Bilaspur, Chhattisgarh for the offence punishable under Sections 363, 366, 376(2)(n) of IPC and Section 5(1)/6, 5(A)(ii)/6 of POCSO Act, 2012. 2 2. The prosecutrix appeared in person before this Court and contended that she is the wife of the present applicant and raised no objection to the present bail application. 3. The prosecution story, in brief, is that based on the report lodged by the victim’s brother, an FIR was registered at Police Station- Hirri under Crime No. 265/2023 under Section 363 of IPC against an unknown person. After investigation, a charge sheet was submitted and the Court framed charges against the accused. The allegation is between 06.10.2023 and 23.06.2025, he abducted a minor victim, aged about 16 years without the consent of her lawful guardian, for the purpose of illicit intercourse and committed rape and penetrative sexual assault on her, as a result of which the victim became pregnant. Charge sheet has been filed and the case is pending before the learned Additional Sessions Judge, Second Fast Track Special Court (POCSO Act), Bilaspur, District Bilaspur in Special Criminal Case (POCSO Act) No. 93/2025. 4. Learned counsel for the applicant contended that, the applicant is innocent and he has been falsely implicated in the alleged crime, he has not committed any offence as alleged against him. The accused is in jail since 24.06.2025. and the prosecutrix has married the present applicant. The trial is likely to take some considerable time to conclude, hence he prays for grant of bail to the present applicant. 5. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge 3 sheet has already been submitted in the present case and the trial is going on. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, particularly the fact that the prosecutrix has married the applicant , nature of allegation, submission of learned counsel for respective parties, this Court is of the view that the present applicant is entitled to be released on bail in this case. 8. Let the applicant- Manoj Nirmalkar involved in Crime No. 265/2023, registered at Police Station- Hirri, District- Bilaspur (C.G.) for the aforementioned offence, be released on bail on his furnishing a bail 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, 4 without sufficient cause, the trial court may proceed against them under Section 269 of Bhartiya Nyay Sanhita, 2023 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued and the applicant 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 Nyaya Sanhita, 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 BNSS. If in the opinion of the trial court absence of the applicants 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 send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) JUDGE Madhurima