1 2025:CGHC:45296 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6368 of 2025 Devendra Singh @ Devendra Kumar Kewat S/o Late Roop Singh Aged About 46 Years R/o Jhabarpali Road, Police Station- Dipka, District- Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through- The Station House Officer, Police Station- Dipka, District- Korba (C.G.) ... Respondent For Applicant : Mr. Sanjay Kumar Agrawal, Advocate For Respondent : Mr. Pranjal Shukla, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 04.09.2025 1. Applicant has filed this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 199/2025 registered at Police Station – Dipka, District-Korba (C.G.) for offence punishable under Section 354, 294, 506 of IPC and Section 08 of POCSO Act, 2012. ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.09.08 10:32:59 +0530 2 2. Case of prosecution in brief is that mother of the victim lodged a report in concerned Police Station alleging that applicant (her husband) was touching her daughter with bad intention during period from 01.06.2023 to 3.12.2023. Based upon which aforementioned crime was registered and applicant was arrested on 27.06.2025. 3. Learned counsel for applicant submits that applicant has been falsely implicated in the crime, he has not committed offence as alleged. He further submits that complainant is wife and victim is daughter of applicant. There was dispute between the parties for which an application was filed by applicant before the Family Counseling Centre in which both parties appeared and complainant made a statement that applicant is not residing with them from last six months. She also showed her unwillingness to reside with the applicant, however, it is the applicant who does not want to keep the complainant and her daughter because applicant is having an extra marital affair with some other girl/women. He further submits that during the said proceedings no such allegation of bad touch has been leveled against applicant, thereafter, applicant has filed an application under Section 13 of Hindu Marriage Act, 1955 seeking prayer for dissolution of marriage by decree of divorce which is pending consideration. The last date of hearing was 08.08.2025. Certified copy of the order sheet has also been filed with the application under Section 13 of Hindu Marriage Act, 1955 along with covering memo dated 02.09.2025. The allegations leveled against father of the victim are heinous and are only made with an ulterior motive to harass and pressurize the applicant, hence, he may be enlarged on bail. 3 4. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant and would submit that in the case diary specific allegations are leveled against applicant of bad touch, hence he is not entitled for bail. 5. Pursuant to notice issued vide order dated 29.08.2025 by this Court, victim along with her mother appeared and raised objection in grant of bail to applicant. 6. I have heard learned counsel for the parties and perused the documents placed on record. 7. Taking into consideration facts and circumstances of the case, nature of allegation, submission made by learned counsel for the respective parties as also documents enclosed with bail application, relation between the parties and proceedings of the counseling, the order sheet in civil suit filed under Section 13 of Hindu Marriage Act, 1955 , without commenting anything on merits of the case, I am inclined to allow this application. 8. Accordingly, bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 25,000/- with one surety in the like sum to the satisfaction of the Court 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. 4 (b) The applicant shall remain present before the trial court on each date fixed, either personally or through him counsel. In case of him 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 and in order to secure his 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. sd/- (Parth Prateem Sahu) alfiza JUDGE