1 2025:CGHC:10105 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1063 of 2025 1 - Mustafa Raza S/o Sarwar Raza Aged About 22 Years R/o Ward No.- 08, Behind Madarsa (Wrongly Mentioned As Madarza In The Impugned Order), Dak Bangla, Gariyaband, Police Station And District- Gariyaband (C.G.) ... Applicant versus 1 - State of Chhattisgarh Through The Station House Officer, Police Station- Chhura, District- Gariyaband (C.G.) ... Respondent For Applicant : Mr. Deepak Kaushik, Advocate For State /Respondent : Mr. Karan Bahrani, 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 has been arrested on 20/09/2024 in connection with Crime No.182/2024, registered at Police Station- Chhura, District Gariyaband (C.G.) for the ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.03.03 14:01:33 +0530 2 offence punishable under Sections 363, 366, 376 (2) (n) of IPC and Sections 4 (02)/6 of the Protection of Children from Sexual Offences Act, 2012. 2. The case of the prosecution in brief is that the father of the prosecutrix lodged a report in the police station Chhura, District Gariyaband alleging that the applicant committed sexual intercourse with her on the pretext of marriage. Thereafter, on the basis of the report, the investigation was started and during investigation, the applicant has been arrested. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated and the entire allegation is forged and fabricated. He would next contend that the prosecutrix is a major lady and was a consenting party to the entire incident. He would next contend that the consent of the prosecutrix is evident from the love letters which were written by her and they were having affair. He would next contend that the FIR has been lodged with delay and no plausible explanation has been given about such delay. He would lastly contend that there is no previous antecedent against the applicant, the charge-sheet has been filed, applicant is in jail since 20/09/2024 and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail. 3 4. Per contra, learned counsel appearing on behalf of the State opposes the bail applications submitted by the applicants. 5. Prosecutrix along with her mother appeared through video conferencing from Taluka/DLSA Gariyaband 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. Considering the entire facts & circumstances of the case, the submission made by learned counsel for the applicant and also the no objection given by the prosecutrix, wherefrom it is apparent that the prosecutrix and the applicant were having affair and she was a consenting party and further taking into consideration the fact that the applicant is in jail since 20/09/2024 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.182/2024, registered at Police Station- Chhura, District Gariyaband (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 : 4 (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 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 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/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 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 in accordance with law. 5 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