1 2025:CGHC:60537 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9621 of 2025 Rahul Gupta S/o Ashok Gupta Aged About 26 Years R/o Village Kamlapur, Police Station Korandha District- Balrampur-Ramanujgnaj (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station-Kusmi District- Balrampur-Ramanujganj (C.G.) ... Respondent(s) For Applicant(s) : Mr. Rohitashva Singh, Advocate For Respondent(s) For Victim : : Ms. Lakshmeen Kashyap, P.L. Ms. Shalini Gupta, Advocate Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 12/12/2025 1. This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has 2 been arrested on 04.09.2025 in connection with Crime No. 77/2025, registered at Police Station- Kusmi, District- Balrampur, Ramanujganj (C.G.) for the offence punishable under Sections 376(2)(n) of IPC and Sections 4 and 6 of POCSO Act, 2012. 2. Since, the victim did not appear before this Court though served, therefore, Ms. Shalini Gupta, Advocate who is present in the Court is requested to assist the Court as an amicus curiae. 3. The prosecution story, in brief, is that the complainant lodged a written complaint before the police station against the accused that in the year 2021 when she was 17 years old and was studying in class 11th, applicant used to work as an online delivery persons then she came to contact with the applicant and on 05.11.2021 applicant on the pretext of marriage established physical relationship with her and later on also established physical relationship with her many times and lastly on 20.04.2024 and when she asked for marriage applicant refused to marry her. 4. Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the alleged commission of offence. The prosecutrix and the applicant was having love affair with each other and as per the FIR incident was happened from the year 2021 to 20.04.2024 and FIR was lodged after a delay of 1 year and the time of lodging the FIR the prosecutrix was major aged about 21 years. The applicant is a young boy aged about 26 years and is a sole earning member of 3 the family and is in jail since 04.09.2025 therefore he may be released on bail. 5. Learned State Counsel raised objection to the contentions of the counsel for the applicant. 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 there was a love affair between the prosecutrix and the applicant and there is delay in lodging FIR of about 1 year. The applicant has no criminal antecedents. The age of the applicant is about 26 years and he is in jail since 04.09.2025, further the conclusion of the trial may take some more time, therefore, looking to the entire facts and circumstances of the case, particularly, the role of the present applicant, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the applicant- Rahul Gupta, involved in Crime No. 77/2025 registered at Police Station- Kusmi, District- Balrampur- Ramanujganj (C.G.), for the offence punishable under aforesaid Sections 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 4 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 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) 5 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