1 / 3 2025:CGHC:43331 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6241 of 2025 • Aman Mistri S/o Late Aseem Mistri Aged About 19 Years R/o Village- Tambeshrawarnagar, P.S.- Ramanujganj, District- Balrampur-Ramanujganj (C.G.) ... Applicant versus • State Of Chhattisgarh Through S.H.O Police Station- Ramanujganj, District- Balrampur-Ramanujganj (C.G.) ... Respondent For Applicant : Mr. Pushkar Sinha, Advocate For Respondent-State : Ms. Laxmeen Kashyap, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 26/08/2025 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. 37/2025 registered at Police Station – Ramanujganj, District Balrampur-Ramanujganj (C.G.) for offence punishable under Sections 137 (2), 87, 64(1), 65(1) of the Bharitya Nyay Sanhita, 2023 and Section 4 of the Protection of Children from Sexual Offences Act, 2012. 2. Case of prosecution in brief is that father of victim lodged missing report in the concerned police station that her daughter was missing from house on which initially F.I.R. was lodged for alleged commission of offence under Section 137 of B.N.S. against unknown person. During investigation, based on the statement under Section 180 of BNSS of victim, applicant was arrested on 20.03.2025. PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 3. Learned counsel for applicant submits that applicant has been falsely implicated in the crime, he has not committed any offence as alleged. During trial, victim is now examined before the concerned Court and she has not supported case of prosecution. 4. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant and would further submit that there is specific allegation in the statement of victim recorded under Section 180 and 183 of BNSS. She submits that the submission of learned counsel for applicant based on the deposition of victim is subject matter of appreciation by the trial court. 5. On 22.08.2025, pursuant to the notice issued by this Court, father of victim appeared before this Court through virtual mode from concerned DLSA and has raised ‘no objection’ in grant of bail to applicant. 6. I have heard learned counsel for the parties. 7. Considering the facts and circumstances of the case, nature of allegation, submission of learned counsel for respective parties, 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. (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 3 / 3 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) pwn JUDGE