1 2025:CGHC:11795 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1972 of 2025 1 - Madkami Bhima @ Bhima Ram Madkami S/o Joga Madkami Aged About 21 Years Coste Gond R/o Village Pondum Huwakiras P.S. Chhindgarh District - Sukma (C.G.) 2 - Rajkumar Madkami @ Rajkumar Markam S/o Joga Madkami Aged About 22 Years Coste Gond R/o Village Pondum Huwakiras P.S. Chhindgarh District - Sukma (C.G.) 3 - Hunga Ram Markam @ Madkami Hunga S/o Joga Madkami Aged About 20 Years Coste Gond R/o Village Pondum Huwakiras P.S. Chhindgarh District - Sukma (C.G.) 4 - Indor Soni S/o Late Laxman Soni Aged About 20 Years Coste Ghurwa R/o Village Pondum Huwakiras P.S. Chhindgarh District - Sukma (C.G.) 5 - Hadmaram Madkami @ Hadma Markam S/o Hirma Ram Madkami Aged About 24 Years Coste Gond R/o Village Pondum Huwakiras P.S. Chhindgarh District - Sukma (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer Police Station Chhindgarh, District – Sukma (C.G.) ... Non-applicant For Applicant : Mr. Sangeeta Soni, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.03.2025 1. The applicants have preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 No. 54/2024, registered at Police Station Chhindgarh, District – Sukma (C.G.) for the offence punishable under Section 64, 140 and 332 of the Bharatiya Nyaya Sanhita (BNS). 2. The prosecution story, in brief, is that the complainant has made complaint to the concerned Police Station concerned that on the date of incident 26-27.09.2024 the accused person applicant No.1 has carried the victim with the help of other accused person at his house where the applicant No.1 has committed sexual intercourse with her in his house. On the basis of such report, the Police has registered the offence against the applicants. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the victim is a major girl and she has not supported the case of the prosecution before the trial Court. It is also submitted that the charge-sheet has been filed in this case. The applicants are in jail since 29.09.2024 and 01.10.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. It is further submitted that the complainant has made complaint to the concerned Police Station concerned that on the date of incident 26-27.09.2024 the accused person applicant No.1 has carried the victim with the help of other accused person at his 3 house where the applicant No.1 has committed sexual intercourse with her in his house. Therefore, the applicants are not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant and period of detention in jail, further the fact that the victim is a major girl and she has not supported the case of the prosecution before the trial Court, also the fact that the charge-sheet has been filed in the present case, the applicants are in jail since 29.09.2024 and 01.10.2024 and the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. 7. Let applicants - Madkami Bhima @ Bhima Ram Madkami, Rajkumar Madkami @ Rajkumar Markam, Hunga Ram Markam @ Madkami Hunga, Indor Soni, and Hadmaram Madkami @ Hadma Markam involved in Crime No. 54/2024, registered at Police Station Chhindgarh, District – Sukma (C.G.) for the offence punishable under Section 64, 140 and 332 of the BNS, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- 4 (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 sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (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. 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. (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. 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 him in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar