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Judgment
This is the first regular bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular bail to the applicant who has been arrested in connection with Crime No. 61/2026 registered at Police Station-Bango, District Korba, (C.G.) for the offence punishable under Sections 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023 and Section 6 of POCSO Act.
Case of the prosecution, in brief, on 18.07.2025, applicant took the prosecutrix to forest area and sexually assaulted her. Thereafter, applicant repeatedly sexually assaulted her on many occasions. Resultantly, she conceived and gave birth to a child on 23.03.2026. FIR was lodged by the mother of prosecutrix on 24.03.2026. On the basis of these allegations, the police arrested the present applicant and hence, the present bail application.
Learned counsel for the applicant submits that the prosecutrix was examined wherein she deposed that she performed marriage with the applicant and they never maintained physical relationship while she was minor. He further submits that the prosecutrix did not support the case of prosecution and this fact is evident from her deposition. He also submits that the applicant has no criminal antecedents and has never been involved in any criminal activity, he is in jail since 07.05.2026 and the trial is likely to take considerable time for its conclusion. Therefore, he prays for grant of bail to the applicant on the ground of parity.
On the other hand, learned counsel for the State opposes the bail application of the applicant.
I have heard learned counsel appearing for the parties and perused the case diary.
Admittedly, prosecutrix, though being minor at the relevant time, admitted in deposition that she had performed marriage with the applicant and later on, gave birth to a child on 23.03.2026. In such circumstances, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail in this case.
Accordingly, the bail application of the applicant is allowed. Let the Applicant – Jaiprakash @ Bhuru, involved in Crime No. 61/2026 registered at Police Station-Bango, District Korba, (C.G.) for the offence punishable under Sections 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023 and Section 6 of POCSO Act, be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:-
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 his 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 his, 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 forthwith.