1 / 3 2025:CGHC:20985 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2987 of 202 5 • Anuranjan Kumar Singh S/o Mudrika Prasad Singh Aged About 30 Years R/o Village Lohia Patti, P.S. Fulparas, District Madhubani Bihar At Present R/o Sector 41 Addhapuri, P.S. Sector-49, Noida Uttar Pradesh ... Applicant versus • State of Chhattisgarh through Station House Officer, Police Station Mulmula, District Janjgir-Champa Chhattisgarh ... Respondent For Applicant : Mr. Nitansh Kumar Jaiswal, Advocate For Respondent-State : Mr. Keshav Prasad Gupta, Govt. Advocate Hon'ble Shri Parth Prateem Sahu, Judg e ORDER ON BOARD 07/05/2025 1. Pursuant to the notice issued by this Court, victim along with her father is present before this Court through virtual mode from DLSA, Janjgir-Champa. They submit that they are having no objection in grant of bail to application. 2. Applicant has filed this second bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 18/2023 registered at Police Station – Mulmula, District Janjgir-Champa (C.G.) for offence punishable under Sections 263, 366, 376, 376(2)(N) of IPC and Section 6 of the POCSO Act and Section 3(2)(v) of the SC & ST Act. 3. Case of prosecution in brief is that the uncle of victim lodged a report to the concerned police station that his nephew is found missing from the house, PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 based upon which initially F.I.R. was registered for commission of offence under Section 363 of IPC. During course of investigation, victim was recovered, her statement was recorded under Section 161 and 164 of CrPC and other offences as mentioned above were also added. Applicant was arrested on 21.06.2023. 4. Learned counsel for applicant submits that applicant has been falsely implicated in the crime, he has not committed offence as alleged. It is contended that during trial victim is examined before the trial court and she has not supported the case of prosecution. Applicant was arrested on 21.06.2023 and has already suffered more than 01 year and 10 months pre- trial detention, hence, he be enlarged on bail. 5. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant and further submits that as per statement of victim recorded under Section 161 and 164 of CrPC, there was specific allegation against applicant of committing sexual intercourse with victim aged about 17 yeas, making her pregnant. 6. I have heard learned counsel for the parties and perused the documents placed on record. 7. Taking into consideration facts and circumstances of the case, nature of allegation, submission made by learned counsel for the parties, period of pre- trial detention of applicant since 21.06.2023, material witnesses have been examined, without commenting anything on merits of the case, I am inclined to allow this application. 8. Accordingly, bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 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 3 / 3 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 him counsel. In case of him absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (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. Sd/- (Parth Prateem Sahu) pwn JUDGE