1 / 4 2025:CGHC:12392 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1572 of 2025 1 - Nishant Chandel @ Bobby S/o Rupendra Chandel Aged About 21 Years R/o Village Madouda, Police Station- Jalbandha, District : Khairagarh- Chhuikhadan-Gandai, Chhattisgarh ... Applicant versus 1 - State of Chhattisgarh Through Station House Officer, Police Station- Mohan Nagar, District Durg, Chhattisgarh. ... Respondent For Applicant : Mr. Jitendra Gupta, Advocate For State : Ms. Prabha Sharma, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 12/03/2025 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.597/2024, registered at Police Station- Mohan Nagar, District Durg, C.G. for the offence punishable under Sections 137 (1) ([k), 87, 64 (2) (M), 115 (2), 351 (3) of Bhrtiya Nyay Sanhita and Section 6 of the Protection of Children from Sexual Offences Act, 2012. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.03.12 18:17:37 +0530 2 / 4 2. The case of the prosecution in brief is that the applicant enticed away the minor girl from the lawful custody of her parents despite knowing full well that the prosecutrix is a minor and thereafter committed forceful sexual intercourse with her on the pretext of marriage between 24/10/2024 to 23/11/2024 in the house of his relatives at Nagpur and thereafter in his own house in village Jalbandha, District Khairagarh and thereafter assaulted her and on being disclosed to anyone about the incident threat was extended to kill her. Thereafter, the report was lodged and the applicant was arrested. 3. Learned counsel for the applicant submits that the age of the victim is 17 years and 10 month and she herself accompanied the present applicant and was in the company of the applicant for a period of one month. He would next contend that the prosecutrix did not disclose about the incident to anyone initially. He would lastly contend that the 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 application submitted by the applicant. 5. The Victim along with her father appeared through video conferencing from DLSA, Durg and she recorded her no objection with regard to grant of bail to the applicant. 3 / 4 6. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 7. Taking into consideration the facts and circumstances of the case and also considering the fact that the age of the victim is 17 years and she has given her no objection with regard to grant of bail to the applicant 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 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.597/2024, registered at Police Station- Mohan Nagar, 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 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 4 / 4 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. 9. 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 ashu