1 2025:CGHC:12423 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1616 of 2025 1 - Manmohan Tiwari S/o Late Karru Ram Aged About 54 Years R/o Baima Chowki- Bachra Podi, Police Station- Bakunthpur, District- Koriya (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House OfÏcer, Police Station- Udaypur, District- Surguja (C.G.) --- Respondent For Applicant : Ms. Seema Verma, Advocate. For Respondent : Ms. Laxmin Kashyap, P.L. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 12/03/2025 1. This is the first bail application filed under Section 483 of the B.N.S.S. for grant of regular bail to the applicant who has been arrested in connection with Crime No. 251/2024 registered at Police Station Udaypur, District Surguja (C.G.), for the offence punishable under Sections 137, 64(2)(M) of BNS and Section 4 & 6 of POCSO Act. 2. Today, the victim along with her father have appeared through DSLA Surguja and have raised their objection in releasing the applicant on bail. 3. The allegation against the present applicant as per the prosecution case is that, the applicant’s son namely Radheshyam Tiwari abduced the prosecutrix from her lawful guardianship of her father and brought her in Digitally signed by JYOTI JHA Date: 2025.03.18 11:18:01 +0530 2 his house and developed sexual intercourse with her. The parents of prosecutrix visited the house of applicant for taking back the prosecutrix, but the applicant and his son have refused to sent the prosecutrix with her parents. Subsequently, an F.I.R. in this regard was lodged and the present applicant has been arrested on 29.12.2024. 4. It has been argued by the learned counsel for the applicant that the applicant is the father of the main accused and he is bade papa(uncle) of the victim and they are relatives. As per statement recorded before the magistrate, she has not stated against the present applicant, he is in jail since 29.12.2024, hence he prays that the applicant be enlarged on bail. 5. Learned Panel Lawyer, appearing for the State and learned counsel for respondent/Objector however opposing the bail application submits that, the prosecutrix was aged about 14 years and thus prayed for rejection of bail application. 6. I have heard learned counsel for the parties and perused the case diary. 7. Having heard the contentions put forth on either side and on perusal of record, particularly taking into consideration the fact that the main accused in the present case is Radheshyam Tiwari, who is son of the present applicant and he is bade papa(uncle) of the victim and they are relatives and also as per statement recorded before the magistrate, she has not stated against the present applicant, the trial is likely to take sometime for its conclusion and the applicant is in jail since 29.12.2024, this Court is of the view that the applicant is entitled to be released on bail in this case. 3 8. Let applicant, Manmohan Tiwari, involved in Sections 137, 64(2)(M) of BNS and Section 4 & 6 of POCSO Act, Police Station – Udaypur, District Surguja, Chhattisgarh, be released on bail on his furnishing a personal bond 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 sufÏcient 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 sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Arvind Kumar Verma) JUDGE Jyoti