1 2025:CGHC:44157 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6360 of 2025 Narayan Nishad S/o Patwari Nishad Aged About 22 Years R/o Village Kirwai, Police Station Simga, District : Balodabazar-Bhathapara, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Simga, District : Balodabazar-Bhathapara, Chhattisgarh ... Respondent For Applicant : Mr. Anil Kumar Gulati, Advocate For Respondent : Mrs. Priya Sharma, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 29.08.2025 1. Applicant has filed this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 253/2025 registered at Police Station – Simga, District- Balodabazar, Bhatapara (C.G.) for offence punishable under Section 75(i)(ii) & 77 of BNS and Section 08 of POCSO. 2. Case of prosecution in brief is that father of victim lodged a complaint in the concerned Police Station alleging that when his daughter went to answer call of nature, applicant came there caught hold her hand and tried to outrage her ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.08.30 12:00:05 +0530 2 modesty and also made obscene comment upon her. Based upon which FIR was registered and applicant was arrested on 07.05.2025. 3. Learned counsel for applicant submits that applicant has been falsely implicated in the crime, he has not committed offence as alleged. As now, victim has been examined before the trial Court and from her evidence, it is clear that the allegation leveled against the applicant is false and is only on suspicion, applicant may be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant. 5. Pursuant to notice issued by this Court, victim along with her mother appeared through virtual mode from concerned DLSA and submits that she has no objection in grant of bail to applicant. 6. I have heard learned counsel for the parties and perused the documents placed on record. 7. Taking into consideration facts and circumstances of the case, nature of allegation, submission made by learned counsel for the respective parties, without commenting anything on merits of the case, I am inclined to allow this application. 8. Accordingly, bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 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. 3 (b) The applicant shall remain present before the trial court on each date fixed, either personally or through him counsel. In case of him 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. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. sd/- (Parth Prateem Sahu) alfiza JUDGE