1 2025:CGHC:43630 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6206 of 2025 1 - Vishwajeet Singh Thakur @ Sittu S/o Chhabilal Singh Thakur Aged About 30 Years R/o Arvind Nagar Near Balihari Chowk, Bandhwapara, Police Station- Sarkanda, District Bilaspur, C.G. ... Applicant Versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- Sarkanda, District Bilaspur, C.G. ... Non-applicant For Applicant : Mr. Aditya Khare, Advocate For Non-applicant : Mr. K.K. Baharani, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 28/08/2025 1. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 1373/2024 registered at Police Station – Sarkanda, District – Bilaspur, Chhattisgarh for the offences punishable under Sections 137 (2), 87, 64 (2) (m), 65 (1) of the B.N.S. 2023 and Section 3/4 (2), 5 (l)/6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. 2. Case of prosecution is that, mother of the victim lodged oral report in the concerned police station stating that the applicant took her daughter to his house, kept there for one day and committed forceful sexual intercourse with her. She was aged about 12 years on the date of SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 incident. Based on the report, aforementioned crime was registered and the applicant was arrested on 04.11.2024. 3. Learned counsel for the applicant submits that the applicant is innocent, he has been falsely implicated in the crime. He has not committed any offence as alleged. He contended that victim is examined before the learned Trial Court and in cross-examination, she has not supported the case of prosecution. He also pointed out that the mother of victim is also examined as PW – 2 and she has also not supported the case of prosecution. 4. On the other hand, learned State counsel opposes the submission made by the counsel for the applicant and would submit that in the statement of victim recorded under Section 183 of the B.N.S.S. 2023, specific allegation of committing sexual intercourse is made against the applicant. However, he submits that the submission of counsel for the applicant based on the deposition of the victim and her mother is subject matter of appreciation by the learned trail court. 5. Pursuant to the notice issued by this Court, victim along with her mother is present in person and submitted that, they are having no objection in grant of bail to the applicant. 6. I have heard learned counsel for the respective parties and perused the documents filed along with the bail application. 7. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, statement of victim and her mother, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 8. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in 3 the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned 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. (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 andin order to secure her 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. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey