1 2025:CGHC:7731 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1257 of 2025 Prabhu Lal Yadav S/o Acche Ram Yadav Aged About 35 Years R/o House No. 112 Ward No. 09, Village Churtali P.S.- Dabhara, Dist- Shakthi (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station- Dabhara, Dist- Shakti (C.G.) ... Respondent(s) For Applicant(s) : None For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.02.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.411/2024, registered at Police Station Dabhara, Dist- Shakti (C.G.) for the offence punishable under Section 64 of the BNS. MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.02.13 17:23:50 +0530 2 2. The allegation against the applicant / accused is that between 19.06.2023 to 31.10.2024 and 03 months ago, the accused raped the applicant by luring her on the pretext of marriage and forcibly establishing physical relations with her without her consent. The prima facie involvement of the applicant / accused is visible in the registered crime, the crimes registered against the applicant / accused are of serious nature. Although the applicant's date of birth is mentioned as 20.07.2005 in the high school certificate submitted by the applicant, but the applicant has stated in her police statement dated 14.11.2024 that "Prabhulal, knowing that I am a minor, lured me into having physical relations with him by promising to marry me." Hence, the case was registered against the applicant. 3. From perusal of the records, it transpires that the victim is a major girl, aged about 19 years and she was known to the applicant for about one and a half year and was having love affair with the applicant and when the applicant refused to marry, she lodged present FIR against the him and thereafter, it is further stated by her that the relationship between them was mutual and moreover, she has also filed an afÏdavit which is annexed as Annexure A/2 in the bail application, wherein she has filed no objection to the bail application of the applicant. 4. 4. On the other hand, the learned counsel for the State opposes the bail application of the applicant but could not dispute the fact that the complainant herself has filed an afÏdavit for no objection to the bail application of the applicant. 5. Taking into consideration the above-stated facts and afÏdavit filed 3 by the complainant regarding no objection for grant of bail to the applicant, this Court is of the opinion that it is a fit case to enlarge the applicant on bail. Accordingly, the bail application of the applicant is allowed. 6. Let applicant, Prabhu Lal Yadav, involved in Crime No.411/2024, registered at Police Station Dabhara, Dist- Shakti (C.G.) for the offence punishable under Section 64 of the BNS, be released on bail on his furnishing a personal bond with two sureties 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. (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 sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of Bharatiya Nyaya Sanhita 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 Section 209 of Bharatiya Nyaya Sanhita. 4 (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. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 7. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. 8. After passing of the order, Mr. S.V. Purohit, learned counsel for the applicant submits that his presence may be marked. Sd/- (Ramesh Sinha) Chief Justice Manpreet