AI Structured Summary
Not yet generated for this judgment
Judgment
This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.101/2026 registered at Police Station Janakpur, District- Manendragarh- Chirmiri- Bharatpur (C.G.) for the offence punishable under Sections 137(2), 64(2)(m) of BNS and Sections 4 & 6 of POCSO Act.
Case of the prosecution, in brief, is that, father of the minor victim, lodged a report alleging that accused applicant on the pretext of marrying his minor daughter, repeatedly subjected her to sexual intercourse, as a result of which she became pregnant and subsequently gave birth to a child. On the basis of the said report, an FIR bearing Crime No. 101/2026 was registered at Police Station Janakpur on 23.05.2026 against accused applicant for the offences punishable under Sections 137(2) and 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in this crime, he has not committed any offence. He would submit that during the course of trial, victim has now been examined before the trial court and in her statement she stated her age to be 20 years and has further not supported the case of the prosecution. He would submit that the applicant is in jail since 07/07/2026 and conclusion of trial may take some time and hence he may be granted bail.
On the other hand, learned State counsel would oppose the submission of learned counsel for the applicant and would submit that according to the documents available in the charge sheet victim is aged about 16 years and 6 months. He submits that there is specific allegation of sexual intercourse with the minor victim in her statement recorded by the police. He however submits that the submission made by learned counsel for the applicant based on the deposition of the victim is subject matter of appreciation by the trial court.
Victim and her father appeared through virtual mode and have stated that they have no objection in grant of bail to the applicant.
At this stage, learned counsel for the applicant also submits that he has filed the copy of deposition sheet today.
I have heard learned counsel for the parties and perused the materials available on record.
Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, materials available on record, nature of allegation, period of detention of the applicant since 07/07/2026 and also considering the fact that trial is likely to take some time for its conclusion, without commenting anything on the merits of the case, I am inclined to allow this bail application.
Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that-
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.
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.
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.
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.
Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance.