1 2026:CGHC:8940 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 972 of 2026 Pintu Ram Bisen S/o Chova Ram Bisen Aged About 20 Years R/o Mohera, Police Station Magarlod, District Dhamtari (C.G.) ... Applicant versus State Of Chhattisgarh Through - The Station House Officer, Police Of Police Magarlod, District Dhamtari (C.G.) ... Respondent(s) For Applicant : Mr. Anil Kumar Gulati, Advocate For Respondent(s) : Mr. Rishi Raj Pithawa, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma Order on Board 19/02/2026 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 06.09.2025 in connection with Crime No. 134/2025, registered at Police Station- Magarlod, District- Dhamtari (C.G.) for the offence punishable under Sections 137, 2 87, 64(2)(n), 115(92) r/w Section 3(5), 351(3) of BNS, 2023 AND Section 5(L)/6 of POCSO Act, 2012. 2. Pursuant to the order dated 02.02.2026, the victim was present through DLSA, Dhamtari and raised an objection to the present bail application. 3. The prosecution story, in brief, is that on 05/09/2025, the victim's father/applicant filed an oral report at the Magarlod police station stating that on 05/08/2025, at approximately 11:00 pm, the applicant/accused, Pintu Ram Bisen, lured his minor daughter with the promise of marriage, who is aged about 16 years and took her to Sirpur, Maharashtra, and kept her in a rented house, and forcibly raped her for two days. Thereafter, the applicant/accused Pintu's parents went to Sirpur, Maharashtra, and brought the accused Pintu and the victim to village Mohera on 09/08/2025, where the accused Pintu Ram repeatedly raped the victim until 03/09/2025. On 04/09/2025, at approximately 8:00 pm, the victim reached her father's home and reported the incident. The parents of the applicant/accused Pintu Ram Bisen, the accused Chovaram Bisen and Mrs. Champeshwari Bisen, knowing that the victim was a minor, supported the applicant/accused Pintu Ram Bisen in the aforesaid act and fought and assaulted the victim. On the applicant's report, the Magarlod police station registered a First Information Report under Crime No. 134/2025, under sections 137 (2), 87, 64 (2) of 3 the Indian Penal Code and sections 4, 6, 17 of the Protection of Children Act and after complete investigation, the charge sheet was presented. 4. Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the alleged commission of offence, because the applicant has not played any part in the aforesaid criminal case. The offences are not proved. The victim on left her parent’s house on her own free will without informing anything to her parents. The conduct of the victim shows that she was a consenting party. 5. Learned State Counsel raised objection to the contentions of the counsel for the applicant. 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, particularly the fact that there was a love affair between the victim and the applicant. The victim went along with the applicant on her own free will. There is a delay in FIR for about 1 month. As per the allegation, the applicant took the victim along with him on 05.08.2025 and took her to Sirpur, Maharashtra. The victim did not raised any alarm while the accused took her to Sirpur, Maharashtra. Also, the victim lived along with the applicant at his house for a bout a month. The applicant has no criminal 4 antecedents, further the conclusion of the trial may take some more time, therefore, looking to the entire facts and circumstances of the case, particularly, the role of the present applicant, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the applicant- Pintu Ram Bisen, involved in Crime No. 134/2025 registered at Police Station- Magarlod, District- Dhamtari (C.G.), for the 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 5 (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 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