Allowed¶24

Nishant Chandel @ Bobby v. State of Chhattisgarh

Bail – Regular bail under S.483 BNSS

Chhattisgarh HC11 Mar 2025MCRC/1572/2025

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Case brief

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What is this about?

MCRC No. 1572 of 2025; Nishant Chandel @ Bobby v. State of Chhattisgarh; regular bail; Section 483 BNSS; BNS Ss.137(1)(k), 87, 64(2)(m), 115(2), 351(3); POCSO S.6; minor victim aged 17; victim no objection via video conferencing from DLSA Durg; love relation; Crime No.597/2024 P.S. Mohan Nagar District Durg; personal bond Rs.10,000 with one surety; conditions S.269 BNS, S.84 BNSS, S.209 BNS, S.351 BNSS; Justice Arvind Kumar Verma; High Court of Chhattisgarh at Bilaspur; decided 12/03/2025.

What did the court decide?

Regular bail granted; applicant to be released on furnishing a personal bond of Rs.10,000/- with one surety in the like sum, subject to the four conditions set out in the order. ¶24

Nishant Chandel @ Bobby Vs State of… — Child Sexual Offences (POCSO) | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted; applicant to be released on furnishing a personal bond of Rs.10,000/- with one surety in the like sum, subject to the four conditions set out in the order.

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Issue for consideration

Whether the applicant, arrested on 17/06/2024 in Crime No.597/2024 (P.S. Mohan Nagar, District Durg) for offences under Ss.137(1)(k), 87, 64(2)(m), 115(2), 351(3) BNS and S.6 POCSO Act, should be granted regular bail under S.483 BNSS.

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Court's answer

The Court held the applicant entitled to release on bail, taking into account the victim's age of 17 years, her recorded no objection to the grant of bail, the crystal-clear love relation between the parties, the applicant's detention since 17/06/2024, and that conclusion of the trial may take more time.

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Ratio / Principle

The Court directed release on bail upon furnishing a personal bond of Rs.10,000/- with one surety in the like sum, subject to four conditions: (i) undertaking not to seek adjournments when witnesses are present; (ii) presence before the trial court on each fixed date, default actionable under S.269 BNS, 2023; (iii) consequences of misuse of bail liberty including S.84 BNSS, 2023 proclamation and proceedings under S.209 BNS, 2023; and (iv) mandatory personal presence at opening of the case, framing of charge and recording of statement under S.351 BNSS, 2023.

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Detailed headnote1 paragraphs

Bail — Regular bail under S.483 BNSS — Applicant (aged about 21) prosecuted in Crime No.597/2024, P.S. Mohan Nagar, District Durg, for offences under Ss.137(1)(k), 87, 64(2)(m), 115(2), 351(3) BNS and S.6 POCSO Act, 2012, for allegedly enticing away a 17-year-old girl and committing forcible intercourse on the pretext of marriage — victim and her father appeared through video conferencing from DLSA, Durg and recorded no objection to bail — Court noted love relation between the parties, detention since 17/06/2024 and that trial conclusion may take time — bail granted on personal bond of Rs.10,000/- with one surety in the like sum, subject to conditions including presence at charge-framing and S.351 BNSS statement recording, with defaults exposed to action under S.269 BNS, 2023 and, after S.84 BNSS, 2023 proclamation, under S.209 BNS, 2023. (High Court of Chhattisgarh at Bilaspur — Arvind Kumar Verma, J.) Order dated 12/03/2025.

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2025:CGHC:12392

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 1572 of 2025

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1 - Nishant Chandel @ Bobby S/o Rupendra Chandel Aged About 21 Years R/o Village Madouda, Police Station- Jalbandha, District : KhairagarhChhuikhadan-Gandai, Chhattisgarh

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... Applicant

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versus

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1 - State of Chhattisgarh Through Station House Officer, Police Station- Mohan Nagar, District Durg, Chhattisgarh.

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... Respondent For Applicant : Mr. Jitendra Gupta, Advocate For State : Ms. Prabha Sharma, PL

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(Hon’ble Shri Justice Arvind Kumar Verma)

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Order on Board

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12/03/2025

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This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 17/06/2024 in connection with Crime No.597/2024 , registered at Police Station- Mohan Nagar, District Durg, C.G. for the offence punishable under Sections 137 (1) ([k), 87, 64 (2) (M), 115 (2), 351 (3) of Bhrtiya Nyay Sanhita and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

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ASHUTOSHMISHRA Digitally signedby ASHUTOSHMISHRADate:2025.03.1218:17:37+0530

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The case of the prosecution in brief is that the applicant enticed away the minor girl from the lawful custody of her parents despite knowing full well that the prosecutrix is a minor and thereafter committed forceful sexual intercourse with her on the pretext of marriage between 24/10/2024 to 23/11/2024 in the house of his relatives at Nagpur and thereafter in his own house in village Jalbandha, District Khairagarh and thereafter assaulted her and on being disclosed to anyone about the incident threat was extended to kill her. Thereafter, the report was lodged and the applicant was arrested.

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Learned counsel for the applicant submits that the age of the victim is 17 years and 10 month and she herself accompanied the present applicant and was in the company of the applicant for a period of one month. He would next contend that the prosecutrix did not disclose about the incident to anyone initially. He would lastly contend that the applicant is in jail since 17/06/2024 and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail.

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Per contra, learned counsel appearing on behalf of the State opposes the bail application submitted by the applicant.

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The Victim along with her father appeared through video conferencing from DLSA, Durg and she recorded her no objection with regard to grant of bail to the applicant.

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I have heard learned counsel for both the parties, perused the case diary and other materials available on record.

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Taking into consideration the facts and circumstances of the case and also considering the fact that the age of the victim is 17 years and she has given her no objection with regard to grant of bail to the applicant and on perusal of the record it is crystal clear that there is love relation between the parties. Considering the same and further considering the fact that the applicant is in jail since 17/06/2024 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail.

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Let the applicant involved in Crime No.597/2024, registered at Police Station- Mohan Nagar, District Durg, C.G. for the offences as mentioned above, be released on bail on his furnishing a personal bond of Rs.10,000/-with one surety in the like sum to the satisfaction of the Court concerned with the following conditions :

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(i) The applicant shall file an undertaking to the effect that he/she 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.

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(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

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sufficient cause, the trial court may proceed against him under Section 269 of BNS, 2023.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of the BNSS, 2023 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/her, in accordance with law, under Section 209 of BNS, 2023.

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(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, 2023. 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.

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Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith.

SD/-

(Arvind Kumar Verma)

JUDGE

ashu

Nishant Chandel @ Bobby v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Nishant Chandel @ Bobby v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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