1 2025:CGHC:18739-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1222 of 2025 1 - Anil Kumar Chakradhar S/o Ramkumar Chakradhari @ Gariba Aged About 21 Years (Real Name Anil Kumar Chakradhari), R/o Datrengi, Police Station Gidhpuri, District Balodabazar-Bhatapara (C.G.) ... Petitioner(s) versus 1 - State of Chhattisgarh Through Its Police Station Gidhpuri, District Balodabazar- Bhatapara (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Ashok Kumar Verma, along with Mr. Gajendra Sahu, Advocate. For Respondent/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 25/04/2025 1. Heard Mr. Ashok Kumar Verma, along with Mr. Gajendra Gupta, learned counsel for the petitioner. Also heard Mr. Shailendra Sharma, learned Panel Lawyer, appearing for the Respondent/State. 2. The present CRMP filed by the petitioner under Section 528 of the BNSS, 2023 for modification of the judgment dated 24.01.2025 passed by this Court in 2 CRA No. 1547/2023, claiming the following reliefs: "It is therefore prayed that looking to the aforesaid facts and circumstances this Hon'ble Court may kindly be please to direct the petitioner/accused to furnish personal bond for his release u/s 481 of B.N.S.S. before the learned concerned court." 3. The petitioner who was an accused in Special Criminal Case (POCSO) No. 51/2020, was convicted by the learned Additional Sessions Judge (FTC) (POCSO Act), Balodabazar vide its judgment and sentence dated 04.03.2023 and sentenced for RI for 05 years for the offence under Section 363, RI for 05 years under Section 366-A of the IPC and RI for 20 years under Section 4 of POCSO Act. The petitioner filed an appeal before this Court against the impugned judgment of conviction and sentence dated 04.03.2023 vide Criminal Appeal No. 1547/2023, which was came up for hearing before this Court on 24.01.2025 and after hearing the parties, the appeal filed by the petitioner/appellant is allowed and his conviction and sentence is set aside and he has been acquitted from all the alleged offences. While acquitting the petitioner/appellant, this Court has directed the petitioner/appellant to be released from jail after furnishing a personal bond for a sum of Rs. 25,000/- with one surety in like amount before the Court concerned which shall be effective for the period of 6 months. The para 32 of the impugned judgment is reproduced herein below: "Keeping in view the provisions of Section 481 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the appellant- Anil Kumar Chakradhar is directed to furnish a personal bond for a sum of Rs. 25,000/- with one surety in the like amount before the Court concerned which shall be effective for a period of six months along with an undertaking that in the event of filing of Special Leave Petition against the instant judgment or for grant of leave, 3 the aforesaid appellant, on receipt of notice thereof, shall appear before the Hon'ble Supreme Court." 4. Learned counsel for the petitioner would submit that the petitioner/appellant is a poor person and is unable to comply with the conditions stipulated by this Court in para 32 of the judgment dated 24.01.2025 passed in CRA No. 1547/2023, and therefore he could not be released from jail. He would also submit that since the petitioner/appellant is unable to furnish the surety, the conditions imposed in para 32 of the judgment may be diluted and the petitioner/appellant may be directed to be released from jail on furnishings his personal bond only. Therefore, he has filed the present petition and he would rely upon the judgment passed Hon'ble Supreme Court in the matter of Moti Ram and others vs. State of M.P. reported in (1978) 4 SCC 47. 5. On the other hand, learned counsel for the State has no objection, if the conditions imposed upon the petitioner/appellant is diluted to the extend as claimed by him, in view of the cases of Moti Ram (Supra). 6. Having heard learned counsel for the parties, taking into consideration the facts and circumstances of the case and especially considering the fact that the petitioner/appellant being a poor person and is unable to comply with the conditions stipulated in para 32 of the judgment dated 24.01.2025 passed in CRA No. 1547/2023 and also in view of the decisions of the Hon'ble Supreme Court in the matter of Moti Ram (Supra), we deem it appropriate to direct and accordingly directed that the petitioner/appellant- Anil Kumar Chandrakar be released from jail on furnishings only a personal bond for a sum of Rs. 25,000/- before the Court concerned which shall be effective for the period of 6 months along with an undertaking that in the event of filing of special leave petition against the judgment dated 24.01.2025 or for grant of leave, the aforesaid petitioner/appellant, on receipt of notice thereof shall appear before the Hon'ble Supreme Court. 7. The present petition is allowed with the aforesaid modification in para 32 of the judgment dated 24.01.2025 passed in CRA No. 1547/2023. 4 8. A copy of this order shall be made as a part of the judgment dated 24.01.2025 passed in CRA No. 1547/2023. 9. A copy of this order be also communicated to the concerned jail authorities. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Sagrika SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.04.28 15:45:46 +0530