1 / 4 2025:CGHC:7874 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 826 of 2025 1 - Komal Banjare S/o Kamlesh Banjare Aged About 23 Years R/o Village Nayadhaba, Police Station Berla, District Bemetara Chhattisgarh ... Applicant versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Berla, District Bemetara Chhattisgarh ... Respondent For Applicant : Mr. Amit Kumar Sahu, Advocate For State : Mr. G.L. Uike, PL (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 16/09/2024 in connection with Crime No. 293/2023, registered at Police Station Berla, District Bemetara, C.G. for the offence punishable under Sections 363, 366A, 376, 376 (2) (N), 376 (3) of IPC and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.02.17 17:47:37 +0530 2 / 4 2. The case of the prosecution in brief is that on 11/09/2023 father of the prosecutrix lodged a missing report alleging that his minor daughter is missing from from his house and on the basis of the said report offence under Section 363 of IPC was registered against the unknown persons and during investigation subsequently when the prosecutrix came to the house of the applicant for delivery of a child at that time the applicant was arrested. 3. Learned counsel for the applicant would submit that the prosecutrix was a major girl having love affair with the applicant and she was a consenting party. He would next contend that both i.e. the applicant and the prosecutrix have performed marriage and were living like husband and wife in the house of the applicant. He would next contend that the prosecutrix, her father, mother and brother have been examined before the trial Court and they have not supported the case of the prosecution. He would lastly contend that the applicant is in jail since 16/09/2024, therefore, he may be enlarged on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail. 5. The prosecutrix appeared through video conferencing from DLSA, Bemetara before this Court and she stated that she has no 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 she herself joined the company of the applicant and performed marriage and they have one daughter out of the wedlock. Considering 3 / 4 the same and also and further taking into consideration the fact that the applicant is in jail since 16/09/2024, I am inclined to release the applicant on bail. 8. Let applicant Komal Banjare, involved in Crime No.293/2023, under Sections 363, 366A, 376, 376 (2) (N), 376 (3) of IPC and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012, police station Berla, District Bemetara, 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 4 / 4 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