1 CGHC010192922026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4501 of 2026 1 - Prem Nishad S/o Ramadhar Kewat Aged About 22 Years R/o Ward No. 7, Kurumuda Police Station Khariyar Road Jonk, District- Nuwapada (Odisha) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Bagbahra District- Mahasamund (C.G.) --- Non-applicants) For Applicant : Mr. R.V. Ram Rajwade, Advocate For Non-applicant : Mr. Nitansh Jaiswal, Dy. G.A. Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 11.09.2026 1) The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, he has been arrested in connection with Crime No.200/2025 registered at Police Station, Bagbahra, District Mahasamund (C.G.) for the offence under Section 137(2), 87, 62(2)(m) of BNS, 2023 and Section 6 of Protection of Children from Sexual 2 Offences, Act 2012. 2) As per the prosecution story, in brief, on 04.09.2025, the father of the prosecutrix lodged a report regarding the missing of his minor daughter, aged about 17 years, 8 months and 20 days, since 03.09.2025. On the basis of said report, an offence under Section 137(2) of the Bhartiya Nyay Sanhita, 2023 was registered against an unknown person. During the course of investigation, the prosecutrix returned to her house on 28.09.2025 and, on the basis of her statement, the offences were registered against the present applicant. 3) Learned counsel for the applicant would submit that the applicant is in jail since 27.04.2026. The investigation is complete and the charge- sheet has been filed. He would further submit that, in her statement recorded under Section 183 of the BNS, the prosecutrix has specifically stated that she was in a love affair with the applicant and she herself went along with the applicant. He would contend that the applicant has no criminal antecedents and the trial is likely to take considerable time. He would pray for grant of bail to the present applicant. 4) On the other hand, learned State counsel would oppose the bail application. 5) I have heard learned counsel for the parties and perused the case diary. 6) Perusal of the statement of the prosecutrix recorded before the learned Trial Court would show that she has not supported the case of the prosecution and has been declared hostile. In her statement, she has stated that she does not know the applicant and has denied the suggestions put to her by the learned Public Prosecutor. Considering 3 the aforesaid circumstance and the fact that the applicant is in jail since 27.04.2026, I am inclined to grant bail to the applicant. Accordingly, the bail application filed under Section 483 of the BNSS, 2023 is allowed. 7) Let the Applicant – Prem Nishad be released on bail on furnishing personal bond with two sureties 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 him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. 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, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 4 (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. 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. 8) Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Rakesh Mohan Pandey) JUDGE Rekha