1 2025:CGHC:13435 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2196 of 2025 Vikki Ogre S/o Shri Ram Ogre Aged About 18 Years R/o Village- Bhadrali, P.S.- Mungeli District- Mungeli (C.G.). ... Applicant versus State Of Chhattisgarh Through- Station House Officer, City Kotwali District Mungeli (C.G.). ---- Respondent (Cause title is taken from the CIS) For Applicant : Dr. Arpit Lall, Advocate For Respondent/State : Ms. Sunita Sahu, Panel Lawyer Hon'ble Shri Justice Arvind Kumar Verma Order on Board 20/03/2025 1. This is second bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested on 04.10.2024 in connection with Crime No.372/2024, registered at Police Station- City Kotwali, District Mungeli (C.G.) for the offence punishable under Sections VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.03.20 17:05:20 +0530 2 64, 351(2), 138, 3(5) of the BNS and Section 4 & 6 of the POCSO Act, 2012. 2. Brief facts of this case are that victim/prosecutrix lodged report/complaint before the concerned Police Station mentioning therein that on 27.09.2024 when she was at agricultural field, present applicant alongwith one Bhushan Barman came there. Thereafter, accused Bhushan Barman pressed her mouth, took her to nearby sugarcane field and committed forceful sexual intercourse with her knowing that she was minor. He also threatened to kill her if she tells this to anyone. The present applicant has also involved in the alleged act/crime as he assisted Bhushan Barman. Based upon report, FIR was registered against the applicant and he has been arrested. 3. Learned counsel for the applicant contended that there is substantial change in circumstances that the victim has deposed in her statement that there is no involvement of the present applicant in this case and she has no objection for grant of bail to the applicant. Applicant is a student, aged about 20 years and is in jail since 04.10.2024, charge sheet has been filed, conclusion of trial may take some time, hence, he 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. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 3 6. Taking into consideration the facts and circumstances of the case and particular considering the involvement of the present applicant in this case. The victim herself stated in her statement (Para -10) that the present applicant has not anything stated to her. Further considering that main accused in the present case is Bhushan Barman. Charge-sheets has been filed, the prosecution has not shown that the applicant is trying to tamper the witnesses, applicant is in jail since 04.10.2024 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. 7. Let the applicant involved in Crime No.372/2024, registered at Police Station- City Kotwali, District Mungeli (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. 8. 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