1 2025:CGHC:39960 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5766 of 2025 Banti Ratre @ Yogansingh S/o Dwarika Prasad Aged About 25 Years Resident Of Ward No.1, Sakti P.S. Sakti Dist- Sakti (C.G.) ... Applicant versus State Of Chhattisgarh Through - SHO, P.S. Sakti, District - Sakti (C.G.) ... Respondent For Applicant : Shri Ishwar Jaiswal, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. For complainant : Shri Ramsajiwan, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/08/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.431/2024 registered at Police Station Sakti, District - Sakti (C.G.) for the offence punishable under Sections 74, 78(1)(i) of BNS & Section 8 of POCSO Act 2012 (as per charge-sheet). 2. Case of the prosecution, in brief, is that the mother of the prosecutrix lodged a written complaint on 06.12.2024 at P.S Sakti with the GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.11 17:03:01 +0530 2 allegation that on the date of incident i.e., on 03.12.2024 at about 05:30 PM, the daughter of the complainant went to the grocery shop for purchasing some groceries and while she was returning back, the applicant caught hold of the hand of the victim and tried to outrage her modesty, he also tried to take the victim with him and when she shouted the applicant ran away in fear and thereby the offences have been committed by the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case as the prosecutrix has been having love affair with the applicant and both took photographs together and the prosecutrix also wrote hand-written letters to the applicant, when the family members of the prosecutrix came to know about the love affair between the applicant and the prosecutrix, then a concocted case was prepared by the family of the prosecutrix. He would submit that statement u/s 183 of BNSS would show that the prosecutrix has only made allegation that the applicant was holding the hands of the prosecutrix and tried to took her in his scooty. He would submit that the date of incident is 03.12.2024 and after 03 days the FIR was lodged, which is a long delay in lodging the FIR. He would submit that the applicant himself surrendered before the trial court on 7/07/2025 and the nature of the applicant is not absconder as earlier, the applicant had preferred Anticipatory Bail Application before this Court vide MCRCA 253/2025, which was rejected vide order dated 11.03.2025 and which was further then assailed before the Supreme Court vide SLP (Crl.) 7811/25, wherein the same was dismissed on 22.05.2025 and thereafter the applicant surrendered. He would submit that the charge sheet has been filed in this case, applicant is in jail 3 since 07/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. 5. Learned counsel for the complainant submits that he has no objection for grant of bail to the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, considered the statement of the victim under Section 183 BNSS, also considering the nature of allegation levelled against the applicant, period of detention of the applicant since 07/07/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the bail application is allowed and it is directed that the Applicant- Banti Ratre @ Yogansingh, involved in Crime No.431/2024 registered at Police Station Sakti, District - Sakti (C.G.) for the offence punishable under Sections 74, 78(1)(i) of BNS & Section 8 of POCSO Act 2012, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) 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 4 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 his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) 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. (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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri