1 2025:CGHC:45293 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6069 of 2025 1 - Lokesh Nag S/o Shri Budhru Ram Nag Aged About 18 Years R/o House No. 174, Ward No. 1, Praveen Khadakghat Jagdalpur, District- Bastar, C.G. ... Applicant Versus 1 - State Of Chhattisgarh Through The Station House Officer, P.S.- Kotwali, Jagdalpur, District- Bastar, Chhattisgarh ... Non-Applicant For Applicant : Mr. Ishan Verma, Advocate For Non-Applicant : Mr. Vivek Sharma, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 04/09/2025 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. 123/2025 registered at Police Station – Kotwali, Jagdalpur, District – Bastar, Chhattisgarh for the offences punishable under Sections 137 (2), 87, 64 (2) (m) of the Bharatiya Nyaya Sanhita, 2023 and under Section 06 of Protection of Children from Sexual Offences (POCSO), 2012. 2. Case of prosecution is that, father of the victim lodged missing report in the concerned police station alleging that his daughter is missing. Based on the report, crime was registered and during investigation, victim was SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 recovered from possession of the applicant. Her statement was recorded and the applicant was arrested on 25.04.2025. 3. Learned counsel for the applicant submits that applicant is innocent, he has been falsely implicated in the crime. He has not committed any offence as alleged. He submits that the applicant is of tender age and the alleged date of incident is of January, 2025 on the said date, he was less than 18 years of age. Date of birth of applicant is available in case-diary. He contended that the victim herself came to the agreed place and joined the company of the applicant stating that she was major. However, after the police report, the applicant himself left the victim in the concerned police station. Applicant is in jail since 25.04.2025. 4. On the other hand, learned State counsel opposes the submission made by counsel for the applicant and would submit that as per there is specific allegation against the applicant of committing sexual intercourse with the victim. He further submits that as per the school register, age of the victim on the date of accident was 16 years. 5. Pursuant to the notice issued by this Court, victim along with her sister appeared before this Court through virtual mode from D.L.S.A. Baster and she raised objection in grant of bail to the applicant. 6. At this stage, learned counsel for the applicant would submit that for proving the age of the victim, police have seized the school register which is yet to be proved by the prosecution. Hence, he may be enlarged on bail. 7. I have heard learned counsel for the respective parties and perused the documents filed along with the bail application. 8. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, age of the applicant as per mark-sheet was less than 18 years on the month of January, 2021 (as stated by counsel for applicant) which is allegedly 3 first date of incident, material collected by the police and the age of the victim to be still proved, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 9. 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 her furnishing a personal bond in 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. 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 Dey