1 / 3 2025:CGHC:24746 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2020 of 2025 • Bhajan Singh Painkara S/o Balam Singh Painkara Aged About 30 Years R/o Fulchuhi, P.S. Udaypur, District Surguja, Chhattisgarh. ... Applicant versus • State Of Chhattisgarh Through Officer-In-Charge, Police Station Tamnar, District Raigarh, Chhattisgarh. ... Respondent For Applicant : Mr. Ashutosh Mishra, Advocate For Respondent-State For Resp. No.2/ Objector : : Mr. T.S. Sahu, Panel Lawyer Ms. Rashika Soni, Advocate Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 17/06/2025 1. Applicant has filed this third bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 367/2023 registered at Police Station – Tamnar, District Raigarh (C.G.) for offence punishable under Sections 376, 457, 506, 34 of IPC and Section 4 & 6 of the POCSO Act. 2. Case of prosecution in brief is that on 11.09.2023 at about 11:00 pm, applicant and co-accused Gyan Chand Vishwakarma entered into the house of victim and complainant. They have sprayed some fluid over the adult persons sleeping in the house. Applicant has committed sexual intercourse with victim and thereafter ran away. Incident of commission of sexual intercourse upon minor victim was reported by her to her aunt after some time of incident and PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 thereafter report was lodged, based upon which, aforementioned crime was registered and applicant was arrested on 25.09.2023. 3. Learned counsel for applicant submits that applicant has been falsely implicated in the crime, he has not committed offence as alleged. He contended that during trial victim has now examined as also her mother. Victim has not supported the case of prosecution. He also pointed out that one of the co-accused Gyan Chand Vishwakarma has been enlarged on bail by this Court on 02.01.2025 in MCRC No. 8551/2024. applicant is in jail since 25.09.2023, hence, he may be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant and further submits that there are allegation against applicant in the statement of the victim recorded under Section 161 and 164 of CrPC. 5. Learned counsel for complainant/ objector submits that she is having no objection in grant of bail to applicant. 6. I have heard learned counsel for the parties and perused the documents placed on record. 7. Taking into consideration facts and circumstances of the case, nature of allegation, submission made by learned counsel for the respective parties, period of pre-trial detention of applicant since 25.09.2023, material witnesses have already been examined before the trial court and there is no apprehension of influencing of witnesses, without commenting anything on merits of the case, I am inclined to allow this application. 8. Accordingly, bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that- (a) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence 3 / 3 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. (b) The applicant shall remain present before the trial court on each date fixed, either personally or through him counsel. In case of him absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. 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 the Bharatiya Nyaya Sanhita. (d) 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. 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. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Parth Prateem Sahu) pwn JUDGE