1 / 4 2025:CGHC:14962 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1967 of 2025 1 - Sahajuddin Khan S/o Late Nasimuddin Khan Aged About 60 Years R/o Village Gurdi And Police Station Gadhwa, And District Gadhwa (Jharkhand) ... Applicant versus 1 - State of Chhattisgarh Through S.H.O. Of Police Station Gharghoda, And District Raigarh Chhattisgarh. ... Respondent For Applicant : Mr. Abhishek Saraf, Advocate For State : Mr. G.L. Uikey, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 27/03/2025 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 05/02/2025 in connection with Crime No.167/2024, registered at Police Station- Gharghoda, District Raigarh, C.G. for the offence punishable under Sections 363, 366, 376 (2) (N), 344, 34 of the IPC and Sections 4, 6, 17, 21 of the POCSO Act. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.03.28 13:11:42 +0530 2 / 4 2. The case of the prosecution in brief is that the father of the prosecutrix lodged a report on 09/05/2024 alleging therein that on 11/04/2024 his minor daughter had gone to her uncle’s house namely Rizwan Khan in Gharghoda. Thereafter, on 06/05/2024 the said Rizwan Khan informed the complainant that the daughter of the complainant is missing since since 2’o clock in the noon and despite being searched nothing could be traced out. The complainant on the apprehension that someone has enticed away her minor daughter lodged the report. On the basis of the aforesaid report an FIR against the unknown person was registered. Thereafter, during investigation the prosecutrix was recovered from the possession of the wife of the present applicant. Thereafter, the applicant was arrested. 3. Learned counsel for the applicant submits that the applicant is falsely implicated as the applicant is the father of the main accused Zafar Khan and the allegation against the main accused is that he enticed away the prosecutrix and took her to different places and after performing marriage they came back to home. He would lastly contend that there is no previous antecedent against the applicant, charge-sheet has been filed, the applicant is in jail since 05/02/2025 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. 3 / 4 5. The father of the Victim appeared through video conferencing from DLSA Raigarh and he objected 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. 7. Taking into consideration the facts and circumstances of the case and particularly considering the role played by the present applicant as he has only given shelter to the prosecutrix in his home who absconded along with the main accused Zafar Khan and further considering the fact that the applicant is in jail since 05/02/2025 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.167/2024, registered at Police Station- Gharghoda, 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/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 4 / 4 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, 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