1 CGHC010194052026 2026:CGHC:39919 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4575 of 2026 1 - Prithvi Singh Chouhan S/o Ghanshyam Chouhan Aged About 19 Years R/o Village Amlidih, P.S. Dadhi, Distt. Bemetara, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. Nawagarh, Distt. Bemetara, Chhattisgarh. --- Non-applicants) For Applicant : Mr. Amit Sahu, Advocate For Non-applicant : Ms. Priya Sharma, PL 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.29/2026 registered at Police Station, Nawagarh, District Bemetara (C.G.) for the offence under Section 137(2), 87, 96 & 64(2)(i)(m) of BNS, 2023 and Section 6 of Protection of Children from Sexual Offences, Act 2012. 2 2) As per the prosecution story, in brief, on 12.02.2026, the father of the prosecutrix lodged a missing report stating that on 10.02.2026 at about 10:00 PM, his minor daughter was not present in the house. He searched for her at various places but could not find her and, accordingly, lodged the report under Section 137(2) of the BNS. During the course of investigation, the prosecutrix was recovered from the present applicant. Thereafter, the offences punishable under Sections 137(2), 87, 96 and 64(2)(i)(m) of the BNS and Section 6 of the POCSO Act were added, and the applicant was arrested. 3) Learned counsel for the applicant would submit that the applicant is in jail since 16.02.2026. The investigation is complete and the charge- sheet has been filed. He would contend that the prosecutrix, her mother and father have been examined before the learned Trial Court and the prosecutrix has turned hostile and has not supported the case of the prosecution. He would further contend that the prosecutrix is a major and was having a love affair 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. 3 6) Perusal of the statement of the victim, who has been examined as PW- 1 before the learned Trial Court, would show that she has stated that she stayed with the present applicant at Raipur for 4-5 days, but has not supported the allegation of sexual exploitation and has been declared hostile. Considering the aforesaid circumstance and the fact that the applicant is in jail since 16.02.2026, 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 – Prithvi Singh Chouhan 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 4 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. (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