1 2025:CGHC:13642 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1730 of 2025 Laxman Dansena S/o Rohit Dansena Aged About 19 Years (Wrongly Mention 18 In Order), R/o Village Jorapali, P.S. Kotra Road, Tahsil And District Raigarh Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Thana In Charge, P.S. Kotra Road, District Raigarh Chhattisgarh. ---- Respondent (Cause title is taken from the CIS) For Applicant : Mr. Rajendra Tripathi, Advocate For Respondent/State : Mr. Karan Kumar Bahrani, Panel Lawyer Hon'ble Shri Justice Arvind Kumar Verma Order on Board 21/03/2025 1. In compliance of Court’s order dated 04.03.2025, victim and her mother are appeared before this Court through video conferencing from the DLSA- Raigarh (C.G.). On being asked, they have no objection for grant of bail to the applicant. VASANT KUMAR Digitally signed by VASANT KUMAR 2 2. This is first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.487/2024, registered at Police Station- Kotra Road, District Raigarh (C.G.) for the offence punishable under Sections 65(1), 351(2) of the BNS and Section 4 & 6 of the POCSO Act, 2012. 3. Brief facts of this case are that father of the prosecutrix lodged the complaint that the prosecutrix is studying at Class 9th and her date of birth is 9.9.2010. When her health was not well, the complainant has taken her for check up where doctor stated that the victim is pregnant for four months, when they enquired, she told that one Laxman Dansena who was residing nearby her house and on 30.04.2024, when nobody was at her home he made physical relationship with her and made physical relationship continuously from 30.04.2024 to 28.08.2024. Based upon report, FIR was registered against the applicant and he has been arrested. 4. Learned counsel for the applicant contended that the present applicant is innocent person and the has been falsely been implicated in the present case. It is further contended that the Applicant is in jail since 14.09.2024, charge sheet has been filed, conclusion of trial may take some time, hence, he may be released on bail. 5. Per contra, learned counsel appearing on behalf of the State opposes the bail application submitted by the applicant. 6. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 3 7. Taking into consideration the facts and circumstances of the case and particular considering that the material witnesses have been examined before the trial Court. Further considering that the prosecutrix has turned hostile and not supported the prosecution story and stated that she did no know the applicant and another Laxman has been committed rape with her. Charge- sheet has been filed and the applicant is in jail since 14.09.2024 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the applicant involved in Crime No.487/2024, registered at Police Station- Kotra Road, District Raigarh (C.G.) for the offences as mentioned above, be released on bail on his furnishing a personal bond of Rs.10,000/- with one surety in the like sum 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of BNS, 2023. 4 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of the 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 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 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 for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) Judge Vasant