Bhuwan Lal Yadav Vs State of Chhattisgarh

This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested on 15/12/2024 in connection with Crime No. 302/2024, registered at Police Station Gunderdehi, District Balod, C.G. for the offence punishable under Sections 363, 366, 376 of the IPC and Sections 4, 5 (B) & 6 of the POCSO Act.

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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

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Digitally signed byASHUTOSH ASHUTOSH MISHRA MISHRA Date: 2025.01.27 17:29:09 +0530

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well that the prosecutrix is a minor and committed sexual intercouse on the pretext of marriage. Thereafter, a report was lodged and the applicant was arrested.

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Learned counsel for the applicant would submit that the applicant has not committed any offence as alleged him and there was love affair between the applicant and the prosecutrix. He would next contend that the applicant and the victim have performed marriage and the wrong date of birth of the prosecutrix has been mentioned in the mark-sheet. He would lastly contend that the applicant is in jail since 15/12/2024, therefore, he may be released on bail.

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Per contra, learned State counsel opposes the prayer for grant of bail.

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Victim along with her father appeared through video conferencing from DLSA Balod and they stated that they have no objection in granting bail to the applicant.

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I have heard learned counsel for the respective parties at length and perused the documents.

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Considering the fact that the applicant and the prosecutrix are in love relation with each other and they have performed marriage and the prosecutrix has recorded her no objection with regard to grant of bail to the applicant and also the fact that the applicant is in jail since 15/12/2024, I am inclined to release the applicants on bail.

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Let applicant Bhuwan Lal Yadav, involved in Crime No.302/2024, under Sections under Sections 363, 366, 376 of the IPC and Sections 4, 5 (B) & 6 of the POCSO Act in police station Gunderdehi, District Balod, C.G., be released on bail on his furnishing a personal bond for a sum of

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Rs.10,000/- with one surety each in like amount 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 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 their counsel. In case of his absence, without sufficient cause, the trial Court may proceed against him under Section 269 of Bhartiya Nyay Sanhita, 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 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, in accordance with law, under Section 209 of Bhartiya Nyay Sanhita, 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

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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

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accordance with law.

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

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Sd/-

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(Arvind Kumar Verma) JUDGE

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ashu

Bhuwan Lal Yadav v. State of Chhattisgarh

Case brief

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Bhuwan Lal Yadav v. State of Chhattisgarh

Case brief

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