1 2025:CGHC:7944 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 515 of 2025 1 - Kush Sahu S/o Derha Ram Sahu Aged About 24 Years R/o Ward No. 01, Pandariya, Police Station And Tahsil - Gandai District- K.C.G. (C.G.) 2 - Suresh Jhariya S/o Addhan Jhariya Aged About 45 Years R/o Ward No. 05, Rani Bagicha, Police Station- Gandai, District- K.C.G. (C.G.) --- Applicants versus State Of Chhattisgarh Through The Station House Officer, Police Station- Gandai, District- K.C.G. (C.G.). ---- Respondent For Applicants : Mr. Shivendu Pandya, Advocate For Respondent/State : Ms. Priya Sharma, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 14/02/2025 1. In compliance of Court’s order dated 20.01.2025, victim and her father appeared before this Court through video conferencing from the VC Centre, District Court Rajnandgaon (C.G.). On being asked, they have raised objection to release the applicants on bail. 2 2. The applicants have been preferred this first bail application under Section 483 of the BNSS, 2023 for grant of regular bail as they are arrested in connection with Crime No.129/2024, registered at Police Station- Gandai, District KCG (C.G.) for the offence punishable under Sections 342, 354(B)/34 of IPC and Section 8 of the POCSO Act. 3. Brief facts of this case are that the grandfather of the prosecutrix was lodged the report in the Police Station Gandai, District K.C.G.(C.G.) to effect that on the date of incident i.e. 24/05/2024 at about 04:00 PM, when the prosecutrix was taking the water near the hand pump, then the accused/applicant no. 2 said to give the water in his house, thereafter, the prosecutrix went to give the water in the house of applicant no. 2, then the applicant no. 2 closed the door in his house and applicant no. 1 was already inside of the house and the applicant no.1 was caught hold the prosecutrix and tried to commit the outrage the modesty of the prosecutrix. Hence, the applicants committed the offence against the prosecutrix by way touched her. After the incident, the grandfather of the prosecutrix lodged the report against the applicants. 4. Learned counsel for the applicants contended that the applicants have not committed any offence and they were falsely implicated in the present case. He further contended that no prima facie 3 case is established by the prosecution against the present applicants involving him in the alleged offence. The prosecution has also not shown mens rea and no documents have been submitted by the prosecution to show that the present applicants was involved in the above said offence of outrage the modesty of prosecutrix. There is no any document to show that the applicants have taken the prosecutrix by forcefully for any deceitful mean. He further contended that the police without carrying any investigation and only on the basis of suspicion arrested the present accused/applicants, whereas even, it was not known by the prosecution that who was entered in the house of the prosecutrix and tried to commit the outrage the modesty of her. He further contended that the applicants are languishing in jail since 27/11/2024 and such languishment is causing grave hardship to their family members because the present applicants only bread winner of their family and their incarceration is causing financial hardship to their family members and trial is likely to take some time, therefore, it is prayed that the applicants may be released on bail. 5. Per contra, learned counsel appearing on behalf of the State opposes the bail application submitted by the applicants. 6. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 4 7. Taking into consideration the facts and circumstances of the case and further considering the fact that chart-sheet has been filed in the present case, the prosecution has not shown that the applicants trying to tamper the witnesses and the applicants are in jail since 27.11.2024 and conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Let the applicants involved in Crime No.129/2024, registered at Police Station- Gandai, District KCG (C.G.) for the offence punishable under Sections 342, 354(B)/34 of IPC and Section 8 of the POCSO Act, be released on bail on their furnishing a personal bond of Rs.10,000/- each with 01-01 surety in the like sum to the satisfaction of the Court concerned with the following conditions : (i) The applicants shall file an undertaking to the effect that they 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 applicants 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, 5 the trial court may proceed against him under Section 269 of BNS, 2023. (iii) In case, the applicants misuse 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 applicants fail 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 applicants 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 applicants are 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 for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) Judge Vasant