1 2025:CGHC:10106 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1081 of 2025 1 - Rahul Kumar Chandrakar S/o Girendra Kumar Chandrakar Aged About 29 Years R/o Darri Talab, Dhol Chowk, Risali Basti, Police Station Newai, District Durg Chhattisgarh ... Applicant versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Newai, District Durg Chhattisgarh ... Respondent For Applicant : Ms. Seema Verma, Advocate For State /Respondent : Ms. Sunita Sahu, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 28/02/2025 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 17/06/2024 in connection with Crime No.192/2024, registered at Police Station- Newai, District Durg (C.G.) for the offence punishable under Sections 363, 366, 376, 506 (B) of ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.03.03 14:01:32 +0530 2 Indian Penal Code and Section 04 of Protection of Children from Sexual Offences Act, 2012. 2. Case of the prosecution in brief is that the applicant enticed away the minor girl from the lawful custody of her parents on 12/06/2024 and took her on his motorcycle and committed forceful sexual intercourse on the pretext of marriage in a rented house at Talpuri Bhilai. Thereafter, when the prosecutrix narrated the entire incident to her mother, the report was lodged by the mother of the prosecutrix on 16/06/2024. On the basis of the report, the police carried out the investigation and during investigation the applicant was arrested. 3. Learned counsel for the applicant submits that the the age of the prosecutrix is 17 years and 10 months and she herself joined the company of the applicant and went along with him. He would next contend that the prosecutrix did not disclose about the incident till 16/06/2024 and she was having an affair with the applicant and she is a consenting party. He would lastly contend that there is no previous antecedent against the applicant, charge-sheet has been filed, applicant is in jail since 17/06/2024 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 applications submitted by the applicant. 3 5. The prosecutrix along with her father appeared through video conferencing from DLSA Durg and she objected to the 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. From perusal of the documents it is apparent that there is affair between the parties as the prosecutrix herself had joined the company of the applicant and she herself had gone along with the applicant on his motorcycle and thus she was a consenting party to the entire incident. Considering the same and also taking into consideration the fact that the applicant is in jail since 17/06/2024 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.192/2024, registered at Police Station- Newai, District Durg (C.G.) for the offences as mentioned above, be released on bail on his 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/she 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 4 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 his/her 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/her 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/her, 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 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 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