1 2025:CGHC:9594 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 820 of 2025 1 - Ganesh Ratre S/o Sukdev Ratre Aged About 20 Years R/o Village Kari, Police Station Kasdol, District- Balodabazar-Bhatapara, Chhattisgarh, At Present R/o Sant Gyaneshwar Ghat Sahlangadi, Police Station Hingnghat, District- Vardha, Maharastra. ... Applicant versus 1 - State of Chhattisgarh Through The Station House Officer, Police of Police Station Gurur, District- Balod, Chhattisgarh. ... Respondent For Applicant : Mr. Anil Kumar Gulati, Advocate For State /Respondent : Ms. Laxmin Kashyap, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 25/02/2025 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 have been arrested on 17/11/2024 in connection with Crime No.189/2024, registered at Police Station- Gurur, Distrct Balod (C.G.) for the offence punishable under Sections 137 (2), 87, 64 (2) (m) of ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.03.03 10:35:11 +0530 2 B.N.S. and Sections 5 (1)/6 of the Protection of Children from Sexual Offences Act, 2012. 2. The case of the prosecution in brief is that the mother of the prosecutrix lodged a report before the police station Gurur alleging that on 17/10/2024 her minor daughter left the house and did not return. Thereafter, on being searched no information was received. On the basis of the aforesaid report, the police carried out the investigation and during investigation the victim was recovered from the possession of the applicant on 16/11/2024. Thereafter, the applicant was arrested. 3. Learned counsel for the applicant submits that the prosecutrix has been examined before the trial Court and she has not supported the case of the prosecution and she has stated that she left her home and joined the company of the applicant and travelled all the way to Maharashtra and performed marriage in the temple. He would lastly contend that there is no previous antecedent against the applicant, charge-sheets have been filed, applicant is in jail since 17/11/2024 and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail. 4. Per contra, learned counsel appearing on behalf of the State opposes the bail application submitted by the applicant. 3 5. Prosecutrix appeared through video conferencing from DLSA Balod and she recorded her no objection with regard to grant of bail to the applicant. 6. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 7. Taking into consideration the facts and circumstances of the case and particularly considering the the statement of the prosecutrix wherein she has not stated anything about the present applicant and further considering the fact that the applicant is in jail since 17/11/2024 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail. 8. Let the applicant involved in Crime No.189/2024, registered at Police Station- Gurur, Distrct Balod (C.G.) for the offences as mentioned above, be released on bail on his/her furnishing a personal 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 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. 4 (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 him/her under Section 269 of BNS, 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 the BNSS, 2023 is issued and the applicants fail 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 BNS, 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 applicants are 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 him/her 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/- SD/- (Arvind Kumar Verma) Judge Ashu