1 / 4 2025:CGHC:60581 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9128 of 2025 Kamlesh Baghel S/o Banshi Baghel Aged About 20 Years R/o Village- Retwand, Khaspara, Police Station- Bastar, District- Bastar Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station- Bastar, District- Bastar, Chhattisgarh. ... Respondent For Applicant : Mr. Aditya Kumar Mishra, Advocate For State /Respondent : Ms. Laxmeen Kashyap, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 12/12/2025 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 26/09/2024 in connection with Crime No. 106/2024, registered at Police Station Bastar, District Bastar, C.G. for the offence punishable under Sections 137(2), 87, 64 (2) (M), 83 of the ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.12.16 18:03:07 +0530 2 / 4 B.N.S. and Section 6 of the Protection of Children from Sexual Offences Act, 2012. 2. The case of the prosecution in brief is that on 20/09/2024 the applicant enticed away the minor girl from the lawful custody of her parents and committed rape with her on the pretext of marriage and on 21/09/2024 he has performed marriage with her and thereafter committed sex on several occasions. Thereafter, on the basis of the missing report the investigation was carried out and the prosecutrix was recovered and the applicant was arrested. 3. Learned counsel for the applicant would submit that it is a case of love affair and the prosecutrix was a consenting party, who on her own will joined the company of the applicant and they both have performed marriage and were living like husband and wife. He would next contend that it is also not proved that the prosecutrix was a minor on the date of incident. He would lastly contend that the applicant is in jail since 26/09/2024, the charge-sheet in this case has been filed and it will take time to conclude the trial, therefore, the applicant 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 Jagdalpur and she recorded her 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 it is a case of consensual relationship between the applicant and the prosecutrix and they have performed marriage in Chitrakoot and further considering the detention 3 / 4 period of the applicant as he is in jail since 26/09/2024, the charge-sheet in this case has been filed and it will take some more time to conclude the trial, therefore, I am inclined to release the applicant on bail. Accordingly, the bail application is allowed. 8. Let applicant Kamlesh Baghel, involved in Crime No.106/2024, under Sections 137(2), 87, 64 (2) (M), 83 of the B.N.S. and Section 6 of POCSO Act, police station Bastar, District Bastar, 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