1 2025:CGHC:22886 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3185 of 2025 1 - Yogesh Meshram S/o Kariya Meshram Aged About 39 Years R/o Village - Banbod, Police Outpost - Mohara, Police Station - Dongargarh, District - Rajnandgaon, Chhattisgarh --- Applicant versus 1 - State Of Chhattisgarh Through - The S.H.O., Police Station - Khairagarh, District Khairagarh-Chhuikhadan-Gandai, Chhattisgarh ---- Respondent For Applicant : Mr. Siddharth Pandey, Advocate For Respondent/State : Mr. Keshav Prasad Gupta, Govt. Advocate Hon'ble Shri Justice Parth Prateem Sahu Order On Board 10/06/2025 1. Applicant has filed this second bail application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No.317/2023, registered at Police Station – Khairagarh, District – Khairagarh- Chhuikhadan-Gandai (C.G.) for offence punishable under Section 341/34, 363/34, 366A/34, 342/34, 376(2)(j)(k)(I)34, 376D, 376(2)(j)(n) of IPC and Sections 5(k)/6, 34 of the POCSO Act. The first bail BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN 2 application of the applicant was dismissed as withdrawn vide order dated 08.05.2024 in M.Cr.C. No.2694 of 2024. 2. Case of the prosecution, in brief, that father of victim lodged report in the concerned police station alleging that three persons have committed sexual intercourse with his daughter. Based on the report, crime was registered and thereafter, statement of the victim was also recorded and other offences were also added. Applicant was arrested on 09.07.2023. 3. Learned counsel for applicant submits that applicant has been falsely implicated in this case. He has not committed any offence as alleged. Victim is examined before the trial Court and she has not made any statement with respect to commission of offence of rape against the present applicant. He also contended that in the Court statement, the victim has also stated that she do not identify the other accused persons and she saw the applicant when the police produced him in the police station. Applicant is in jail since 09.07.2023. Hence, he may be enlarged on bail. 4. Learned counsel for State opposes the submission of learned counsel for applicant and would submit that there are specific allegation against the applicant in the statement of the victim recorded under Section 161 and 164 of Cr.P.C., hence, the applicant is not entitled for grant of bail. 5. Pursuant to the notice issued by this Court, father of the victim appeared before this Court through virtual mode from DLSA, Rajnandgaon and raised strong objection in grant of bail to the applicant. 3 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature of allegation, submission of learned counsel for respective parties as also the documents annexed along with the bail application and the pretrial detention of applicant, without commenting anything on the merits of the case, I am inclined to allow this bail 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 following conditions :- (i) The applicant shall file an undertaking to the effect that 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 through his counsel. In case of her absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear 4 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 174-A of the Indian Penal Code. (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 313 Cr.P.C. 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. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 10. 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 Balram