1 2025:CGHC:13634 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1710 of 2025 • Rohan S/o Santosh Narang Aged About 19 Years R/o Village - Jawali, Police Station - Dabhara, District - Sakti (C.G.) ... Applicant versus • State Of Chhattisgarh Through - The Station House Officer, Police Station - Dabhara, District - Sakti (C.G.) ... Non-applicant For Applicant : Mr. Ishwar Jaiswal, Advocate For Non-applicant : Ms. Maya Chaturvedi, Advocate Hon’ble Shri Justice Arvind Kumar Verma Order on Board 21/03/2025 1. The applicant has filed this First bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 459/2024 registered at police station Dabhara, District – Sakti (CG) for the offence punishable under Sections 137(2), 64 of BNS and Section 4 and 6 of POCSO Act. 2. Prosecution case, in brief, is that on 30.12.2024 in the night the daughter of complainant who is the prosecutrix was taken VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.03.25 13:31:30 +0530 2 by the applicant and committed sexual intercourse with her, During the investigation, the prosecutrix was recovered from the applicant and the prosecutrix stated that the applicant has committed aforesaid crime with her. On the basis of the said report, the police registered the offence against the accused person and he was arrested. 3. Notice issued to the victim has duly been served, however, no one appeared on behalf of the victim. In such circumstances, Ms. Maya Chaturvedi, Advocate, who is present in the Court is appointed as amicus curiae to assist the Court on behalf of the victim. 4. Learned counsel for the applicant submit that the applicant has been falsely implicated in the case. He further submits that the FIR has been registered after elapse of time and the statement of the prosecutrix under Section 180 and 183 of BNSS were recorded by the prosecution, in which the prosecutrix has not made any allegation with regard to the sexual intercourse with her and he further contended that there is no evidence with regard to age of prosecutrix, that she was minor at the time of alleged incident and applicant is in jail since 03.01.2025 and the trial is likely to take some time and he is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail. 3 5. After going through the documents, Ms. Maya Chaturvedi, Advocate, appointed as amicus curiae, opposes the prayer for grant of bail for the applicant. 6. Heard counsel for the parties and perused the record. 7. On due consideration of the rival submissions and nature of allegation, charge-sheet has already been filed before the concerned Court, there is no previous antecedent and there is affair between prosecutrix & accused and that the final disposal of the trial is likely to take sufficiently long time, the present application deserves to be allowed. Accordingly, his bail application is allowed. 8. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 10,000/- with one surety to the satisfaction of the concerned trial court, he shall be released on bail on the following conditions: i) he 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 the 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) he shall remain present before the trial court on each date fixed, either personally or through his/her counsel. In case of his absence without sufficient cause,t he trial court may proceed against him/her under Section 269 of BNS, 2023. iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his/her presence, proclamation under Section 84 of the BNSS, 2023 is issued and the applicant failed to appear before the 4 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. 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 applicants are deliberate or without sufficient cause,t hen it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him/her in accordance with law. 9. 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 vaishali