1 2025:CGHC:43310 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6323 of 2025 1 - Vikram Kumar Soni S/o Late Ashok Soni Aged About 36 Years R/o Village Mahamayapara, Sitapur, P.S. Sitapur, District- Sarguja (C.G.) ... Applicant Versus 1 - State Of Chhattisgarh Through The Station House Office, Trikunda, District- Balrampur- Ramanujganj (C.G.) ... Non-applicant For Applicant : Mr. Rahil Arun Kochar, Advocate For Non-applicant : Mr. Vivek Sharma, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 26/08/2025 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. 01/2025 registered at Police Station – Tirkunda, District – Balrampur-Ramanujganj, Chhattisgarh for the offences punishable under Sections 64 (2) (n) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 4 & 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and under Sections 3 (1) (ब), 3 (2) (V) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act 1989. 2. Case of prosecution is that, the applicant committed sexual intercourse with the victim who was less than 18 years of age and she conceived SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 pregnancy. Report was lodged by mother of victim and during the course of investigation, the applicant was arrested on 04.02.2025. 3. Learned counsel for the applicant submits that the applicant is innocent, he has been falsely implicated in the crime. He has not committed any offence as alleged. He submits that the victim was a major girl on the date of incident. As per her evidence before the learned Trial Court, she stated that she was 20 years of age and according to which, on the date of alleged incident, she was about 19 years of age. She also stated that she has made physical relation with the applicant with her own will and consent. He further submits that the mother of the victim has also been examined before the learned Trial Court and she has also stated the age of victim to be 20 years and have not supported the case of prosecution. 4. On the other hand, learned State counsel opposes the submission made by the counsel for the applicant and would submit that there is specific allegation against the applicant in the case-diary/charge-sheet. 5. Pursuant to the notice issued by this Court, victim along with her father appeared before this Court in person and submitted that they are 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, statement of victim and her mother, documents placed along with the bail application, 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 his 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