1 / 4 2025:CGHC:7873 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 822 of 2025 1 - Khemlal Sahu S/o Late Tukaram Sahu Aged About 18 Years R/o - Malpurikala, P.S. - Nandini Nagar, District- Durg (C.G.) ... Applicant versus 1 - State of Chhattisgarh Through- Station House Officer, P.S. Nandini Nagar, District Durg (C.G.) ... Respondent For Applicant : Ms. Aditi Singhvi, Advocate For State : Ms. Sunita Sahu, PL For Objector : Mr. Tapan Kumar Chandra, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 13/02/2025 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 12/11/2024 in connection with Crime No. 237/2024, registered at Police Station Nandini Nagar, District Durg, C.G. for the offence punishable under Sections 137 (1) ([k), 87, 83, 64 ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.02.14 14:22:12 +0530 2 / 4 (2) (M) of the 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 27/09/2024 at about 18.30 hours the applicant on the false pretext of marriage abducted the prosecutrix from her house and took her to the temple at Dongargarh and performed marriage and between the period from 04/09/2024 to 11/11/2024 the prosecutrix stayed with the applicant in a rented house at Raipur and performed sexual intercourse with her. As such the offence has been committed. 3. Learned counsel for the applicant would submit that the applicant has not committed any offence as alleged against him. He would next contend that the age of the proseuctrix on the date of incident was more than 17 years. He would next contend that there is delay in lodging the FIR. He would lastly contend that the applicant has no previous antecedent and he is in jail since 12/11/2024, therefore, he may be enlarged on bail. 4. Per contra, learned State counsel as well as learned counsel for the objector oppose the prayer for grant of bail. 5. I have heard learned counsel for the parties and perused the documents. 6. Perusal of the documents would show that there is affair between the parties and the prosecutrix was in company of the applicant and and they performed marriage and lived as husband and wife and further taking into consideration the fact that the applicant is in jail since 12/11/2024 and the charge-sheet in this case has been filed, I am inclined to release the applicant on bail. 7. Let applicant Khemlal Sahu, involved in Crime No.237/2024, under 3 / 4 Sections 137 (1) ([k), 87, 83, 64 (2) (M) of the B.N.S. and Section 6 of the Protection of Children from Sexual Offences Act, 2012, police station Nandini Nagar, District Durg, C.G., be released on bail on his furnishing a bail bond in sum of Rs.10,000/- 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 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 4 / 4 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. 8. 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