1 / 4 2025:CGHC:7871 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 509 of 2025 1 - Rajendra Tandon S/o Shayamlal Tandon Aged About 22 Years R/o Village- Budhwara, P.S.-Lormi, District-Mungeli(C.G.) ... Applicant versus 1 - State of Chhattisgarh Through, Station House Officer Takhatpur, District- Bilaspur(C.G.) ... Respondent For Applicant : Dr. Arpit Lall, Advocate For State : Mr. Karan Bahrani, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 13/02/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 29/11/2024 in connection with Crime No. 629/2024, registered at Police Station Takhatpur, District Bilaspur, C.G. for the offence punishable under Sections 137 (2), 64 & 87 of the B.N.S. and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.02.14 14:22:15 +0530 2 / 4 2. The case of the prosecution in brief is that on 26/11/2024 the father of the prosecutrix made an oral complaint in police station Takhatpur against the applicant with the allegation that the applicant had forcefully made physical relation with the prosecutrix. Thereafter, on the complaint of the complainant the offence was registered against the applicant and he was arrested. 3. Learned counsel for the applicant would submit that the applicant has been arrested only on the basis of suspicion and he has been falsely implicated. He would next contend that on account of previous animosity the false FIR has been registered against the applicant and there is no evidence against the applicant to connect him with the crime in question. He would lastly contend that the applicant is in jail since 29/11/2024, therefore, he may be enlarged on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail. 5. The prosecutrix along with her father appeared in person before this Court and she raised objection with regard to grant of bail to the applicant. 6. I have heard learned counsel for the parties and perused the documents. 7. Perusal of the documents would show that there is affair between the parties and also perused the statement of the prosecutrix which shows that the prosecutrix has stated that she was in company of the applicant for about 03 days and they traveled different places and stayed in the house of relatives of the applicant and they went to perform marriage also and further taking into consideration the fact that the applicant is in 3 / 4 jail since 29/11/2024 and the charge-sheet in this case has been filed, I am inclined to release the applicant on bail. 8. Let applicant Rajendra Tandon, involved in Crime No.629/2024, under Sections 137 (2), 64 & 87 of the B.N.S. and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012, police station Takhatpur, District Bilaspur, C.G., be released on bail on his furnishing a bail bond in sum of Rs.10,000/- with one surety 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 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 4 / 4 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. 9. 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