1 2025:CGHC:41214 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5981 of 2025 Harishankar Prajapti @ Rahul Prajapati son of Ashish Prajapati Aged About 18 Years resident of Ward No. 1, Behind Gayatri Mandir, Bandhwapara, Sakri, District-Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh, Through Station House Officer, Police Station- Sakri, District-Bilaspur (C.G.) --- Respondent For Applicant : Mr. Neeraj Choubey, Advocate appears on behalf of Mr. Vimlesh Bajpai, Advocate For Respondent/State : Mr. Satish Gupta, GA Hon'ble Shri Justice Arvind Kumar Verma Order on Board 14/08/2025 1. This is Second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.913/2024, registered at PS - Sakri, District -Bilaspur (C.G.), for commission of offence punishable under Sections 74, 64(1) of BNS, Section 4, 6 & 8 of the Protection of Children from Sexual Offences Act and Section 3(2)(v) of the Scheduled Caste & Schedule Tribe (Prevention of Atrocities) Act, 1989. 2. Earlier the first bail application bearing M.Cr.C. No.454 of 2025 was dismissed on 20/02/2025. 3. Case of prosecution, in brief, is that on 28.11.2024, victim/prosecutrix ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.08.14 17:05:26 +0530 2 lodged report at Police Station- Sakri alleging therein that on 14.11.2024 at about 8.00 PM, the applicant caught hold of her hand and also dragged her. Thereafter on 27.11.2024 at about 11.00 PM, the applicant again came near house of prosecutrix and calling her name. Based upon report, FIR was registered against the applicant and he has been arrested in the aforesaid crime/offence. 4. Learned counsel for the applicant submits that the prosecutrix has been examined before the trial Court and she has not supported the case of the prosecution. He would next contend that the material prosecution witnesses have been examined, therefore, there is no chances of influencing the remaining prosecution witnesses. He would next contend that the applicant and prosecutrix are well known to each other and they used to talk with each other and only because of that quarrel took place between the applicant and the brother of the victim, therefore, the prosecutrix has lodged the false report. He would lastly contend that the applicant is in jail since 28.11.2024, conclusion of trial may take some time, hence, applicant may be released on bail. 5. Per contra, learned State Counsel opposes the bail application of the applicant and would submit that applicant has tried to outrage the modesty of the minor victim aged about 16 years 10 months, he also pressurized her to talk with him. There are three previous criminal antecedents registered against the applicant. Hence, looking to the nature of offence and age of victim, applicant may not be released on bail. 6. Heard learned counsel for the parties. 7. Victim along with her guardian appeared before this Court by virtual mode from the concerned DLSA and raised objection in granting bail to the applicant. 3 8. Considering facts of the case, nature of allegations, submission of learned counsel for the parties, evidence of the victim, particularly the nature of offence that the applicant has only tried to outrage the modesty of the victim, pressurized her to talk with him, more particularly considering the fact that the applicant has been arrested on 28/11/2024 as such near about 9 months have already been passed and the charges have already been framed before the trial Court and the victim has already been examined, therefore, there is no chance of tampering of evidence. Therefore, looking to the substantial change in the circumstances particularly the detention period of the accused, I am inclined to allow the instant bail application. Accordingly, the bail application is allowed. 9. Let applicant Harishankar Prajapti @ Rahul Prajapati, involved in Crime No.913/2024, under Sections 74, 64(1) of BNS, Section 4, 6 & 8 of the Protection of Children from Sexual Offences Act and Section 3(2) (v) of the Scheduled Caste & Schedule Tribe (Prevention of Atrocities) Act, 1989, police station Sakri, District Bilaspur, C.G., be released on bail on his furnishing a personal bond with two sureties each in like amount 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 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 their 4 counsel. In case of his absence, without sufficient cause, the trial Court may proceed against them under Section 269 of Bhartiya Nyay Sanhita, 2023. (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, 2023 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 Bhartiya Nyay Sanhita, 2023. (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 2023. 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 them in accordance with law. (V) The applicant shall not meet with the victim and her family members. 10. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. SD/- (Arvind Kumar Verma) Judge ashu