1 / 4 2025:CGHC:59568 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9479 of 2025 Mahendra Kondagurla S/o Samaiya Kondagurla Aged About 27 Years R/o Rahat Shivir Basaguda, P.S. Basaguda, District- Bijapur (C.G.) ... Applicant versus State of Chhattisgarh Through- The Police Station- Basaguda District- Bijapur (C.G.) ... Respondent For Applicant : Mr. Pravin Kumar Tulsyan, Advocate For State /Respondent : Ms Nupur Trivedi, 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 29/08/2025 in connection with Crime No. 20/2025, registered at Police Station Basaguda, District Bijapur, C.G. for the ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.12.10 11:04:22 +0530 2 / 4 offence punishable under Sections 64, 351 (2) of the B.N.S. and Section 4 of the Protection of Children from Sexual Offences Act, 2012. 2. The case of the prosecution in brief is that the brother of the victim has lodged an FIR against the present applicant alleging that the applicant has committed sexual intercourse with the victim on 05/06/2025 on the pretext of marriage due to which she became pregnant and on such complaint police has registered an FIR against the present applicant. Thereafter, the present applicant was arrested. 3. Learned counsel for the applicant would submit that the prosecutrix is a consenting party and the present FIR has been registered by the brother of the victim under the family and social pressure. He would next contend that even the FIR has been lodged after a long delay and no plausible explanation has been given. He would next contend that the prosecution has failed to prove that on the date of incident the victim was minor. He would next contend that even the medical report do not corroborate the fact of commission of rape. He would lastly contend that the applicant is in jail since 29/08/2025, 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 VC from DLSA Bijapur and she recorded her no objection with regard to grant of bail to the applicant. 6. I have heard learned counsel for the parties and perused the documents. 7. Perusal of the documents would show that the victim has turned hostile and she has disowned the happening of the incident and she has also recorded her no objection for grant of bail, therefore, considering the 3 / 4 same and the detention period of the applicant as he is in jail since 29/08/2025 and the charge-sheet in this case has been filed, therefore, I am inclined to release the applicant on bail. 8. Let applicant Mahendra Kondagurla, involved in Crime No.20/2025, under Sections 64, 351 (2) of the B.N.S. and Section 4 of the Protection of Children from Sexual Offences Act, 2012, police station Basaguda, District Bijapur, 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. (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 4 / 4 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