1 / 4 2025:CGHC:15148 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1981 of 2025 1 - Rafilal Yadav S/o Mr. Roopsingh Yadav Aged About 22 Years R/o Kumharpara, Dhruvapara, Kondagaon, P.S. And District Kondagaon Chhattisgarh. ... Applicant versus 1 - State of Chhattisgarh Through The Station House Officer, Kondagaon, District Kondagaon Chhattisgarh. ... Respondent For Applicant : Mr. Ankur Agrawal, Advocate appears on behalf of Mr. Raza Ali, Advocate For State : Ms. Laxmeen Kashyap, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 28/03/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 03/12/2024 in connection with Crime No.373/2024, registered at Police Station- Kondagaon, District Kondagaon, C.G. for the offence punishable under Sections 376 (2) (n), 376 (3) and 506 of IPC and Section 6 of the POCSO Act. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.03.28 18:37:46 +0530 2 / 4 2. The case of the prosecution in brief is that on 03/11/2024 the mother of the prosecutrix lodged a report that her minor daughter resides in her grandmother’s house and she is studying there. In March, 2024 the son of her brother-in-law (Jeth), visited the house of the grandmother of the prosecutrix and committed forceful sexual intercourse with her on account of which she became pregnant and he extended threat for not disclosing about the incident to anyone. Thereafter, on the basis of the report lodged by the complainant, the investigation was carried out and the applicant was arrested. 3. Learned counsel for the applicant submits that the proseuctrix has turned hostile and she in her Court statement deposed that the applicant has not committed rape with her. He would lastly contend that there is no previous antecedent against the applicant, charge- sheet has been filed, the applicant is in jail since 03/12/2024 and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail. 4. Per contra, learned counsel appearing on behalf of the State opposes the bail application submitted by the applicant. 5. The Victim along with her father appeared through video conferencing from DLSA Kondagaon and she recorded her no objection with regard to grant of bail to the applicant. 6. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 3 / 4 7. Taking into consideration the facts and circumstances of the case and particularly considering the fact that the prosecutrix has turned hostile and she has stated that the applicant has not committed rape with her and also considering the no objection given by the prosecutrix and further considering the fact that the applicant is in jail since 03/12/2024 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. 8. Let the applicant involved in Crime No.373/2024, registered at Police Station- Kondagaon, District Kondagaon, 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/she 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. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, 4 / 4 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/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 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 ashu