1 2025:CGHC:13998 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1373 of 2025 • Lochan Ujeer S/o Homlal Ujeer Aged About 23 Years R/o- Village- Patharpunji, Police Station - Nuapada, District - Nuapada (Odisha) ... Applicant versus • State of Chhattisgarh Through The Station House Officer, Police Station - Chhura, District - Gariyaband (C.G.) ... Non-applicant For Applicant : Mr. Shivendu Pandya, Advocate For State : Ms. Prabha Sharma, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma Order on Board 24/03/2025 1. Applicant has filed this First bail application under Section 483 of B.N.S.S., 2023 for grant of regular bail as he is arrested in connection with Crime No. 16 of 2023 registered at Police Station – Chhura, District – Gariyaband, Chhattisgarh for the offences punishable under Sections 363, 366, 376 of IPC and 4 & 6 of the POCSO Act. (As per charged by the learned trial Court). VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.03.26 11:27:17 +0530 2 2. Case of the prosecution, in brief, is that the prosecution case is that the present applicant made sexual relationship with the prosecutrix, by giving to promise of marriage. It is alleged by the prosecutrix that the present accused/applicant made sexual relationship by giving to promise of marriage with her. On the said act of the accused/applicant, the father of the prosecutrix lodged the report to the Police Station Chhura, District - Gariyaband (C.G.). On the said report of the father of the prosecutrix, the police of Police Station registered the offence punishable under 363, 366, 376 of I.P.C. and 04/06 of The Protection of Children From Sexual Offences Act, 2012. against the present accused/applicant. 3. As per information given by the learned counsel for the State, Father of the victim raised serious information in granting bail to the applicant. 4. Learned counsel for the applicant submits that the age of the victim is 16 years and 8 month. He would next contend that the prosecutrix had love affairs with the applicant it shows that the prosecutrix is a consenting party. He would lastly contend that the applicant is in jail since 16/12/2023 and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail. 5. Notice issued to the victim has duly been served, however, no one appeared on behalf of the victim. In such circumstances, Ms. Nupur Trivedi, Advocate, who is present in the Court is appointed as amicus curiae to assist the Court on behalf of the victim. 3 6. After going through the documents, Ms. Nupur Trivedi Advocate, appointed as amicus curiae, opposes the prayer for grant of bail for the applicant. 7. I have heard learned counsel for the parties. 8. Taking into consideration the facts and circumstances of the case and also considering the fact that the age of the victim is 16 years and on perusal of the record it is crystal clear that there is love relation between the parties. Considering the same and further considering the fact that the applicant is in jail since 16/12/2023 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. 9. Let the applicant involved in Crime No.16/2023, 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 : (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 4 personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him 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 applicant fails 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 in accordance with law. 10. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) Judge vaishali