1 CGHC010265112026 2026:CGHC:40653 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6359 of 2026 Raza Kadri S/o Mohammad Shameem Kadri Aged About 24 Years R/o Ward No. 1, Indira Colony Basna, P.S. Basna, Distt. Mahasamund, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Basna, Distt. Mahasamund, Chhattisgarh. ... Non-applicant For Applicant : Shri Raghavendra Verma, Advocate. For Non-applicant/State : Ms. Monika Singh Thakur, P.L. For the Objector : Ms. A. Sandhya Rao, Advocate. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 17.09.2026 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.130/2026, registered at Police Station Basna, District Mahasamund (C.G.) for the offence punishable under Sections 137(2), 87, 64(2)(5), 297 (wrongly mentioned) of BNS and 4, 6 of POCSO Act. 2. As per the case of the prosecution, a missing report was lodged by the mother of the victim on 22.03.2026 stating therein that her daughter, aged about 17 years and 11 months was not traceable. On such report, a search was conducted and during course of investigation, the Digitally signed by ALLENA ANJANI KUMAR Date: 2026.09.18 11:46:40 +0530 2 victim was recovered from the custody of the present applicant on 07.04.2026. The statement of the victim was recorded wherein she made serious allegations of sexual assault against the present applicant. The FIR was lodged against the applicant by the mother of the victim, pursuant to which, the offences, as stated above, were registered against him. 3. Learned counsel appearing for the applicant would argue that there was consensual relationship between the present applicant and the victim, who was more than 18 years old on the date of incident. He would further submit that the victim on her own will accompanied the present applicant and stayed for 20 days at different places. He would also submit that at present the victim is staying in the house of the present applicant. He would contend that the charge-sheet has been filed and the applicant is in jail since 09.04.2026. He, therefore, prays for grant of bail to the applicant. 4. On the other hand, learned State counsel would oppose the bail application and contend that the on the date of incident, the victim was minor, and therefore, her consent, if any is not relevant. She would further contend that the bail application deserves to be dismissed. 5. Learned counsel for the complainant would submit that the victim is staying in the house of the present applicant and she has no objection if the bail application of the applicant is allowed. 6. I have heard the learned counsel for the parties and perused the case diary. 7. Having considered the fact that on the date of incident, the age of the 3 victim was around 18 years old; the victim and the applicant are stayed at various places for a period of 20 days; the charge sheet has been filed; as also the fact that the applicant is in custody since 09.04.2026 and at present the victim is staying in the house of the applicant and considering the fact that the applicant is in custody since 10.03.2026 and that the conclusion of the trial is likely to take some time, I am inclined to grant bail to the present applicant. Accordingly, the bail application is allowed. 8. Let applicant- Raza Kadri involved in Crime No. 130/2026, registered at Police Station Basna, District Mahasamund (C.G.) for the offence punishable under Sections 137(2), 87, 64(2)(5), 297 (wrongly mentioned) of BNS and 4, 6 of POCSO Act, 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 4 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. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Rakesh Mohan Pandey) Judge Anjani