1 2025:CGHC:1213 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6869 of 2024 1 - Rajendra Sahu S/o Tilakram Sahu Aged About 34 Years R/o Village Bhoring, P.S. Tumgaon, District Mahasamund Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, P.S. Mahasamund District Mahasamund Chhattisgarh ... Respondent(s) For Applicant : Rahil Arun Kochar, Advocate For Respondent(s) : Mrs. Prabha Sharma, Panel Lawyer Hon’ble Justice Shri Arvind Kumar Verma Order on Board 08/01/2025 1. This is the first bail application filed under Section 483 of the B.N.S.S., 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 257/2024 registered at Police Station Mahasamund, District- Mahasamund (C.G.), for the offence punishable 2 under 376, 376(3) & 506 of IPC and Section 4 & 6 of POCSO Act. 2. The allegation against the present applicant as per the prosecution case is that, on 19.05.2024 the prosecutrix aged about 15 years was having a stomach ache thereafter the parents of the prosecutrix were astonished and surprisingly were suspicious of prosecutrix being pregnant, thereafter it is alleged that prosecutrix has stated that the applicant on 02.01.2024 has made sexual relationship in hotel with the prosecutrix. On 18.05.2024 the prosecutrix was admitted in hospital and she was medically diagnosed. 3. Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in the instant case due to political enmity between the party. The applicant has been roped into the present case after 5 months. He further contended that the testimony of prosecutrix was not credible because she has narrated different stories in her statements, the prosecutrix has lodged FIR against other persons vide Crime No. 256/22024 and 258/2024 P.S. Mahasamund in which she has lodged reports against the other persons for the sexual assault with her. 4. Learned Panel Lawyer, appearing for the State however opposing the bail application submits that, the prosecutrix was aged about 14 years, 7 months and 17 days and thus prayed for rejection of bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. As per the prosecution story, the accused established physical relation with the victim because of which the victim became pregnant and she made a compliant before the police officer in this regard. The victim gave birth to a child whose DNA Test was done and the DNA Report prepared by Dr. Anju Verma, Sr. Scientific Officer and Assistant Chemical 3 Examiner, DNA Unit, State Forensic Science Laboratory, Raipur (C.G.) shows that the accused is not the biological father of the child. Also, there is no criminal antecedent of the applicant and further considering that the trial is likely to take more time for its conclusion and the applicant is in jail since 20.05.2024, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let applicant, Rajendra Sahu, involved in Crime No. 257/2024 registered at Police Station Mahasamund, District- Mahasamund (C.G.), for the offence punishable under 376, 376(3) & 506 of IPC and Section 4 & 6 of POCSO Act., be released on bail on his furnishing a bail bond of Rs. 10,000 with one surety in the 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 Nyaya Sahita, 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 4 proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of Bhartiya Nyaya Sahita, 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. 8. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial expeditiously, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Arvind Kumar Verma) JUDGE Madhurima