-1- 2025:CGHC:19035 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2757 of 2025 Hasib Khan @ Hasim Kham S/o Ismail Khan Aged About 32 Years R/o Village Lauhreta, P.S. Naraini, District Banda Uttar Pradesh At Present Address Near Lal Dukan, Cloth Market Kumhari, P.S. Kumhari District Durg Chhattisgarh ... Applicant (s) versus State Of Chhattisgarh Through Station House Officer, Police Station Kotwali Raipur District Raipur Chhattisgarh ... Respondent(s) For Applicant : Mr. Rekhraj Baghel, Advocate For State : Mr. Amandeep Singh, Panel Lawyer S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 28/04/2025 1. Applicant has filed this bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for grant of regular bail as he was arrested in connection with Crime No.173 of 2023 registered at Police Station –Kotwali, Raipur (CG) for offence punishable under Sections 363, 376 (2) of IPC and Sections 6, 17 of Protection of Children from Sexual Offences At, 2012. 2. Case of the prosecution, in brief, is that on 24.4.2023, mother of Digitally signed by PRAVEEN KUMAR SINHA Date: 2025.04.29 14:00:38 +0530 -2- the victim lodged a report stating that her minor daughter is missing from her house. Based upon which, initially crime was registered for the offence under Section 363 of IPC against unknown person. During course of investigation, victim was recovered from Banda (UP) on 23rd June 2023 and after recording her statement, aforementioned offence was registered against the applicant and he was arrested. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in the crime. He has not committed any offence as alleged. Applicant has been projected to be brother- in-law of the co-accused Chand Babu. Allegation of committing sexual intercourse is against co-accused Chand Babu, who has been enlarged on bail vide order dated 29.11.2023 passed in MCRC No.6835 of 2023. Victim has now been examined before the trial Court and in her cross-examination, she has not supported the case of prosecution, however, she has named the co-accused levelling against him main allegation of committing sexual intercourse. Applicant is in jail since 28.02.2025, hence, he may be enlarged on bail. 4. On the other hand, learned counsel for the State opposes the submission of learned counsel for the applicant. He submits that there are allegations against the applicant in statement of victim recorded under Section 161 Cr.P.C. and 164 of Cr.P.C . 5. Pursuant to notice issued by this Court, victim along with her mother appeared through virtual mode from DLSA- Raipur and -3- raised objection in grant of bail to applicant. 6. I have heard learned counsel for the parties and also perused the documents placed along with the bail application. 7. Taking into consideration the facts and circumstances of the case, submissions of counsel for respective parties, nature of allegations and further considering that the co-accused Chand Babu against whom allegation of committing sexual intercourse was levelled has been enlarged on bail vide order dated 29.11.2023 passed in MCRC No.6835 of 2023, without commenting anything on merits of case, I am inclined to allow the application. 8. Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail on his furnishing a personal bail bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that:-. “(a) 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. (b) 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 Bharatiya Nyaya Sanhita. -4- (c) 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. (d) 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 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 concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/--/-/- (Parth Prateem Sahu) Judge Praveen