1 2025:CGHC:1417 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 148 of 2025 1 - Lekhu Janghel S/o Teejuram Aged About 20 Years R/o Village Sandi P.S.- Gandai District- Khairagarh-Chhuikhadan-Gandai (K-C-G) (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer P.S. Gandai District- Khairagarh- Chhuikhadan-Gandai (K-C-G) (C.G.) ... Respondent(s) For Applicant : Mr. Sanjay Agrawal, Advocate For Respondent(s) For Objector/Complainant : : Mrs. Binu Sharma, Panel Lawyer Ms. Monika Singh, Advocate Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 09/01/2025 1. With the consent of the parties the matter is heard finally. 2. This is the first bail application filed under Section 483 of the B.N.S.S.,2023 for grant of regular bail to the applicant who has 2 been arrested in connection with Crime No. 153/2024 registered at Police Station Gandai, District Khairagarh-Chhuikhadan-Gandai (K-C-G) (C.G.), for the offence punishable under 363, 366-A, 376 (2)(j)(N), 376(3) of IPC and Section 5(L) & 6 of POCSO Act, 2012. 3. Today, the victim along with her father and her counsel have appeared before this Court in person and have raised no objection in releasing the applicant on bail. 4. The prosecution story is that on 28.06.2024 at around 11:25 am the father of the prosecutrix lodged missing report alleging that his daughter who is minor, had gone to school on 27.06.2024 at around 8:30 am but she never returned from her school, during investigation on 30.07.2024 the prosecutrix was recovered from the possession of the applicant, the prosecutrix in her statement under Section 161 of Cr.P.C. stated that she didn’t go to school and was waiting for the applicant near village nehar and thereafter they both sat on a bus to Parpodi and then they changed the bus for Durg and went to Nagpur. 5. Counsel for the applicant contended that the applicant is innocent and has been falsely implicated and the allegation against the applicant is false, baseless and malicious. There is no evidence available on record to show that the applicant has committed the offence with her as a matter of fact. 6. Learned Panel Lawyer raised no objection. 7. I have heard learned counsel for the parties and perused the record with utmost circumspection. 8. On perusal of record it transpires that it is a case of elopment. Charge sheet has been filed before the Trial Court and the victim, her mother and father have not deposed any contrary statement. Also, the trial is likely to take more time for its conclusion and the applicant is in jail since 30.07.2024, this Court is of the view that the applicant is entitled to be released on bail in this case. 9. Let applicant, Lekhu Janghel, involved in Crime No. 153/2024 3 registered at Police Station Gandai, District Khairagarh- Chhuikhadan-Gandai (K-C-G) (C.G.), for the offence punishable under 363, 366-A, 376 (2)(j)(N), 376(3) of IPC and Section 5(L) & 6 of POCSO Act, 2012, be released on bail on his furnishing a bail bond of Rs. 10,000/- with one surety in the like amount 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 their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bhartiya Nyaya Sahita, 2023 (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 Nyaya Sahita, 2023 (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 4 liberty of bail and proceed against them in accordance with law. 10.However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial expeditiously, if there is no legal impediment. 11.Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Arvind Kumar Verma) JUDGE Madhurima