1 / 4 2025:CGHC:59567 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9505 of 2025 Lomesh Manikpuri S/o Harichand Manikpuri Aged About 33 Years R/o Mardapal, P.S. Mardapal, District Kondagaon Chhattisgarh ... Applicant versus State of Chhattisgarh Through The Police Station Pungarpal, District - Kondagaon Chhattisgarh ... Respondent For Applicant : Mr. Pravin Kumar Tulsyan, 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 09/11/2025 in connection with Crime No. 05/2025, registered at Police Station Pungarpal, District Kondagaon, C.G. for the offence punishable under Sections 137 (2), 87, 64 (1), 64(2) (m) of the ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.12.10 11:04:21 +0530 2 / 4 B.N.S. and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012. 2. The case of the prosecution in brief is that the father of the victim lodged a complaint on 08/11/2025 alleging that on 12/05/2025 while their family was sleeping, his daughter went missing without informing anyone and on being searched the prosecutrix was recovered from the house of the applicant and she stated that the applicant has promised him to perform marriage and on this pretext he established physical relationship with her whereby she became pregnant. Thereafter, on the basis of the report the crime was registered and the applicant was arrested. 3. Learned counsel for the applicant would submit that the prosecutrix is a consenting party and she on her own will joined the company of the applicant. He would next contend that the present FIR has been lodged at the behest of the father of the prosecutrix. He would next contend that the prosecutrix is a major lady and she has performed marriage with the applicant and is pregnant and the due date of delivery is 06/12/2025. He would lastly contend that the victim is a major and the applicant is in jail since 09/11/2025 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 along with her mother appeared through VC from DLSA Kondagaon 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. 3 / 4 7. Perusal of the documents would show that it is a case of consensual relation between the applicant and the prosecutrix and they have performed marriage and the no objection has been given by the prosecutrix for grant of bail to the applicant. Therefore, considering the entire facts & circumstances of the case and the fact that the charge-sheet in this case has been filed and the applicant is in jail since 09/11/2025, therefore, I am inclined to release the applicant on bail. 8. Let applicant Lomesh Manikpuri, involved in Crime No.05/2025, under Sections 137 (2), 87, 64 (1), 64(2) (m) of the B.N.S. and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012, police station Pungarpal, District Kondagaon, 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