1 2026:CGHC:6613 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 301 of 2026 Gorelal Yadav S/o Gangaram Yadav Aged About 29 Years R/o Village- Gadamor, P.S.- Jaijaipur, Distt.- Sakti (C.G.) ... Applicant versus State Of Chhattisgarh Through, P.S.- Jaijaipur, Distt.- Sakti (C.G.) ... Respondent(s) For Applicant : Mr. Gajendra Prakash Sahu, Advocate For Respondent(s) : Mr. Rishi Raj Pithawa, Dy. G.A. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 05/02/2026 1. This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested on 20.09.2025 in connection with Crime No. 235/2025, registered at Police Station- Jaijaipur, District- Sakti 2 (C.G.) for the offence punishable under Sections 137(2), 64(2)(M), 87, 351(2) of BNS, 2023 and Sections 4 and 6 of POCSO Act and Sections 3(2)(V-A) of SC/ST Act. 2. Pursuant to the order dated 15.01.2026, the victim along with her father appeared before this Court and raised objection to the present bail application. 3. The prosecution story, in brief, is that the complainant (parents of minor prosecutrix/victim) lodged missing report to the concerned Police Station, based upon which FIR was registered and during course of investigation, prosecutrix was recovered from the possession of present applicant on 30.08.2025. Her statement was recorded under Sections 180 & 183 of the BNSS, in which, she stated that on 28.08.2025 (present applicant and his friends Gorelal Yadav & Virendra Lahare) took her to Sheorinarayan by motorcycle and thereafter, present applicant took her to Masturi and established physical relationship with her on the pretext of marriage. Based upon her statement, present applicant has been arrested in the alleged offence/crime. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. On the date of alleged incident, victim was major, there was love affair between one co-accused namely Deepak Kumar Barman and victim. The other co-accused persons namely Deepak Burman and Virendra Lahre have been 3 enlarged on bail by this Hon’ble Court vide its order dated 11.12.2025 passed in MCRC No. 9782/2025 and MCRC No. 9434/2025 respectively. The police has submitted charge sheet in the matter and nothing is left for investigation. 5. Learned State Counsel raised objection to the contentions of the counsel for the applicant and submits that the applicant has committed alleged offence with minor victim. Hence, he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, submissions of the counsels, it is clear that there was a love affair between the prosecutrix and the co-accused Deepak Burman, allegation of forceful intercourse is against the co-accused Deepak Burman and not upon the present applicant, further considering the role of present applicant in the alleged crime/offence and the fact that he is not having any other criminal antecedents, charge sheet has already been filed, detention period of applicant, conclusion of trial may take some time, without commenting anything on merits of the case, I am inclined to allow this bail application. 8. Let the applicant- Gorelal Yadav, involved in Crime No. 235/2025 registered at Police Station- Jaijaipur, District- Sakti (C.G.), for the 4 offence punishable under aforesaid sections be released on bail on his furnishing a bail 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 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 them under Section 269 of Bhartiya Nyay Sanhita, 2023 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with 5 law, under Section 209 of Bhartiya Nyaya Sanhita, 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 BNSS. If in the opinion of the trial court absence of the applicants 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 them 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 Madhurima