1 / 4 2025:CGHC:59571 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9067 of 2025 Akash Jaiswal S/o Shri Angad Jaiswal Aged About 19 Years R/o Village- Ramchandrapur, Police Station Ramchandrapur District- Balrampur- Ramanujganj Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station- Ramchandrapur, District Balrampur- Ramanujganj, Chhattisgarh ... Respondent For Applicant : Mr. Pritendra Chauhan, Advocate For State /Respondent : Mr. Vivek Sharma, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 08/12/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 24/06/2025 in connection with Crime No. 19/2025, registered at Police Station P.S. Ramchandrapur, District Balrampur- ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.12.10 11:04:21 +0530 2 / 4 Ramanujganj, C.G. for the offence punishable under Sections 64 of BNS, 2023; Sections 4 & 6 of Protection of Children from Sexual Offences Act; and Section 3 (ii) (v) of the SC & ST (Prevention of Atrocities) Act. 2. The case of the prosecution in brief is that the victim on 23/06/2025 lodged a written complaint in the police station against the applicant that the applicant from July 2022 to 21/06/2025 committed sexual intercourse with the victim despite knowing full well that she is a minor lady of S.T. community. Thereafter, on the basis of the said written complaint an FIR was registered and the investigation was carried out and during the investigation the present applicant was arrested. 3. Learned counsel for the applicant would submit that the prosecutrix is a consenting party and she has turned hostile. He would next contend that there was a love relation between the applicant and the prosecutrix. He would next contend that the applicant has not committed any offence as alleged against him. He would next contend that the applicant is a very young boy aged about 19 years and if he is kept in detention for a long period the same would adversely affect his mental health. He would lastly contend that the applicant is in jail since 24/06/2025 and the charge-sheet in this case has been filed, therefore, he may be enlarged on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail. 5. The prosecutrix appeared through video conferencing from DLSA, Balrampur and she recorded her no objection with regard to grant of bail to the applicant. 3 / 4 6. I have heard learned counsel for the parties and perused the documents. 7. Perusal of the documents would show that it is a case of love relation and the prosecutrix has turned hostile and the charge-sheet in this case has been filed and further looking to the age and detention period of the applicant as he is aged about 19 years and lodged in jail since 24/06/2025 and the no objection given by the prosecutrix, I am inclined to release the applicant on bail. 8. Let applicant Akash Jaiswal, involved in Crime No.19/2025, under Sections Sections 64 of BNS, 2023; Sections 4 & 6 of Protection of Children from Sexual Offences Act; and Section 3 (ii) (v) of the SC & ST (Prevention of Atrocities) Act, police station P.S. Ramchandrapur, District Balrampur-Ramanujganj, C.G., be released on bail on his furnishing a personal bond with one surety in 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 sufficient cause, the trial Court may proceed against them under Section 269 of Bhartiya Nyay Sanhita, 2023. 4 / 4 (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 Bhartiya Nyay 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 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 them in accordance with law. 9. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. SD/- (Arvind Kumar Verma) JUDGE ashu