1 2025:CGHC:7032 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6914 of 2024 Sahdev Tandan S/o Babulal Tandan Aged About 22 Years R/o Village Bhikhapali Police Station Basna, District : Mahasamund, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through- Police Station- Saraipali, District Mahasamund, Chhattisgarh. ---- Respondent For Applicant : Mr. Kishore Narayan, Advocate For Respondent/State : Ms. Pragya Shrivastava, Dy. G.A. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 07/02/2025 1. Vide order dated 20.01.2025, notice was issued to the victim/sister of the victim/grandmother of the victim for appearance before this Court today, but there is no representation has been made. 2. The applicant has been preferred this first bail application under Section 483 of the BNSS, 2023 for grant of regular bail as he is 2 arrested in connection with Crime No.469/2022, registered at Police Station- Saraipali, District Mahasamund (C.G.) for the offence punishable under Sections 363, 366(a), 376(2)(n) IPC and Sections 4 & 6 of the POCSO Act. 3. Brief facts of this case are that the applicant kidnapped the minor prosecutrix and committed sexual intercourse with her during November-December, 2021. Subsequently, she was recovered from the possession of the present applicant. During investigation, applicant has arrested. After completion of investigation, chart-sheet has been filed. 4. Learned counsel for the applicant contended that, the applicant is innocent and he has falsely been implicated in the alleged crime, he has not committed any offence as alleged against him. He further contended that there was affair between the applicant and the victim. He further contended that the applicant and the victim both were resided in the State of Uttar Pradesh almost 10 months, the applicant is in jail since 19.09.2022 and and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail. 5. Per contra, learned counsel for the State opposes the bail application submitted by the applicant. 6. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 3 7. Taking into consideration the facts and circumstances of the case and further considering that there was affair between the applicant and the victim and both were resided in the State of Uttar Pradesh almost 10 months and the applicant is in jail since 19.09.2022 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the applicant involved in Crime No.469/2022, registered at Police Station- Saraipali, District Mahasamund (C.G.) for the offence punishable under Sections 363, 366(a), 376(2)(n) IPC and Sections 4 & 6 of the POCSO Act, be released on bail on his furnishing a personal bond of Rs.10,000/- with one surety in the like sum 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of BNS, 2023. 4 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of the 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 against him, in accordance with law, under Section 209 of BNS, 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 him in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) Judge Vasant