1 2025:CGHC:44950 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6065 of 2025 1 - Seeta Kuhrami S/o Shri Joga Kuhrami Aged About 25 Years R/o Village Manjhipara, Kerlapal, Police Station Kerlapal, Tahsil Sukma, District Sukma (C.G.) ... Applicant Versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Fulbagadi, District Sukma (C.G.) ... Non-applicant For Applicant : Mr. Praveen Dhurandhar, Advocate For Non-applicant : Ms. Priya Sharma, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 03/09/2025 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. 02/2025 registered at Police Station – Fulbagadi, District – Sukma, Chhattisgarh for the offences punishable under Sections 376 (2) (N) of the IPC, 1860 and under Sections 04 and 06 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. 2. Case of prosecution is that, on 30.04.2025, mother of the victim lodged report in the concerned police station on 30.04.2025 alleging that the applicant had committed sexual intercourse with her daughter due to SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 whcih, she suffered pregnancy. Based upon which, aforementioned crime was registered and the applicant was arrested on 01.05.2025. 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 victim has now been examined before the Trial Court and she stated her birth year as 2005 from which, it is apparent that on the date of accident i.e. 25.03.2024, the vicitm was major girl. Victim and her mother is examined and there is no apprehension of tampering of the material witnesses by the applicant. Hence, he may be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission made by counsel for the applicant and would submit that there is sufficient material available stating that the birth of the child is from the relationship between the applicant and the victim. 5. Pursuant to the notice issued by this Court, victim apperaed before this Court through virtual mode from D.L.S.A. South Baster Dantewada and submits that she is having no objection in grant of bail to the applicant. 6. I have heard learned counsel for the respective parties and perused the documents filed along with the bail application. 7. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, documents enclosed along with the bail application and further that the victim along with her mother has already been examined and there is no apprehension of influencing the material prosecution witnesses, applicant is in jail since 01.05.2025, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 8. 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 3 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. 9. 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