-1- 2025:CGHC:40394 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5448 of 2025 Bharat @ Bharat Paikra S/o Budhar Paikra, Aged About 18 Years 2 months & 12 days, R/o Village Dipadihkala, Police Station Shankargarh, District Balrampur Ramanujganj (Chhattisgarh) ... Applicant (s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Shankargarh, District Balrampur Ramanujganj (Chhattisgarh) ... Respondent(s) For Applicant : Mr. Arun Kumar Shukla, Advocate For State : Mr. T.S. Sahu, Panel Lawyer For Complainant/Victim : None appears S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 12/08/2025 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.183 of 2023 registered at Police Station- Shakargarh, District- Balrampur-Ramanujganj (CG) for offence punishable under Sections 363, 366, 376 (2) (n) of IPC and Section 6 of the Digitally signed by PRAVEEN KUMAR SINHA Date: 2025.08.13 17:51:10 +0530 -2- Protection of Children from Sexual Offences Act, 2012. 2. This is the second bail application on behalf of applicant. His earlier bail application was dismissed on 30.04.2024. 3. Case of prosecution, in brief, is that father of the victim lodged report in the concerned police station on 03.11.2023 of missing of his daughter, upon which, initially offence under Section 363 of IPC was registered against unknown person. During investigation, it was revealed that two months before the date of lodging FIR, victim aged about 16 years went to visit Village- Savat Sarna Deepadih where she met with applicant. Applicant told her that he loves her and proposed to marry her. After one month thereafter, applicant called the victim behind his house and committed sexual intercourse with her on the pretext of marriage and thereafter on many occasions applicant repeated the offence. 4. Learned counsel for the applicant submits that this repeat bail application is filed mainly on the ground that during trial victim has been examined before trial Court and in her cross- examination she has not supported case of prosecution. He contended that as the victim has now been examined, there is no likelihood of influencing the material witnesses. Applicant is in jail since 06.11.2023, hence, he may be enlarged on bail. 5. On the other hand, learned counsel for the State opposes the -3- submission of learned counsel for the applicant. 6. Notice sent to complainant for appearance was served, however, no one appeared on their behalf on 30.07.2025 and 05.08.2025. 7. I have heard learned counsel for the parties. 8. On due consideration of the submission made by learned counsel for the respective parties, period of pre-trial detention and further considering that victim has now been examined before trial Court, as submitted by learned counsel for the applicant, out of total 22 enlisted witnesses only 6 witnesses have been examined, trial may take some time, without commenting anything on merits of case, I am inclined to allow the application. 9. 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. -4- (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. (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.” 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 Praveen