1 / 4 2025:CGHC:7588 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 775 of 2025 1 - Kishan Kumar Suryavanshi S/o Prakash Kumar Suryavanshi Aged About 18 Years R/o Village Nevsa P.S. Ratanpur District - Bilaspur (C.G.) ... Applicant versus 1 - State of Chhattisgarh Through P.S. Ratanpur District - Bilaspur (C.G.) ... Respondent For Applicant : Mr. Vijay Shankar Mishra, Advocate For State /Respondent : Ms. Laxmeen Kashyap, PL For Complainant : Mr. Jeet Ram Patel, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 12/02/2025 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 06/10/2024 in connection with Crime No. 625/2024, registered at Police Station Ratanpur, District Bilaspur, C.G. for the offence punishable under Sections 137 (2), 87, 64 (1) of the B.N.S. and Section 3(A)/4 of the Protection of Children from Sexual Offences Act, 2012. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.02.13 10:41:10 +0530 2 / 4 2. The case of the prosecution in brief is that on 04/10/2024 the mother of the prosecutrix made a written complaint before the Police Station Ratanpur alleging that on 03/10/2024 at about 1.00 AM her minor daughter i.e. the prosecutrix had gone for a shop and thereafter did not return. Thereafter, on search being made when the prosecutrix could not be recovered, a missing report was registered against the unknown persons and the matter was investigated. During investigation on 04/10/2024 at about 22.30 PM police recovered the minor prosecutrix from the possession of the applicant. Thereafter, the present applicant was arrested. 3. Learned counsel for the applicant would submit that there is affair in between the parties and the prosecutrix was the consenting party and she herself left the parental house and joined the company of the present applicant. He would next contend that the prosecutrix had also informed about her affair to her family members but they objected to the said relationship. He would next contend that the prosecutrix in her statement under Section 161 & 164 Cr.P.C. stated that on the date of incident she had called the applicant and the applicant had advised her to return to her home but she did not agree to that and she on her own left her house. He would lastly contend that the age of the prosecutrix is 17 years & 01 month and she was on the border line and would submit that the applicant is in jail since 06/10/2024, therefore, he may be enlarged on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail. 3 / 4 5. The prosecutrix appeared in person before this Court and she raised 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 there is affair between the parties and also perused the statement of the prosecutrix which shows that the prosecutrix has not leveled any allegation against the applicant and also taking into consideration the fact that the applicant is in jail since 06/10/2024 and the charge-sheet in this case has been filed and the age of the prosecutrix is 17 Years & 01 Month and age of the applicant is 18 Years, I am inclined to release the applicant on bail. 8. Let applicant Kishan Kumar Suryavanshi, involved in Crime No.625/2024, under Sections 137(2), 87, 65 (1) of the B.N.S. and Sections 4 & 6 of POCSO Act, police station Ratanpur, District Bilaspur, C.G., be released on bail on his furnishing a personal bond with two sureties each 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 4 / 4 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 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