1 2025:CGHC:43309 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6340 of 2025 1 - Mangesh Kumar Baghel S/o Late Sevak Ram Baghel Aged About 21 Years Sakin Itaar P.S. Gatapar, District Khairagarh Gandai Chhuikhadan (C.G.) ... Applicant Versus 1 - State Of Chhattisgarh Through- Police Station- Gunderdehi, District Balod (C.G.) ... Respondents For Applicant : Mr. Vikas Kumar Pandey, Advocate For Respondents : Mr. Karan Kumar Baharani, 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. 122/2025 registered at Police Station – Gunderdehi, District – Balod, Chhattisgarh for the offences punishable under Sections 137 (2), 64 of the Bharatiya Nagarik Sanhita, 2023 and Sections 4 & 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. 2. Case of prosecution is that, father of the victim lodged a missing report in the concerned police station on 24.06.2025. During course of investigation, victim was recovered from possession of the applicant, her statement under Section 180 of the B.N.S.S., 2023 was recorded and applicant was arrested on 29.05.2025. SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 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. During trial, victim is now examined before the learned Trial Court and she has not supported the case of prosecution with regard to making physical relationship with her. He also submits that according the evidence available, she was above 18 years of age on the date of accident. 4. On the other hand, learned State counsel opposes the submission made by the counsel for the applicant and would submit that victim has made categoric allegations against the applicant in her statement recorded under Section 180 of the B.N.S.S., 2023. He further submits that the submission of counsel for the applicant based upon the deposition of the victim is subject matter of appreciation by the learned Trial Court. 5. Pursuant to the notice issued by this Court, victim along with her father appeared before this Court through virtual mode from D.L.S.A. Balod and submits 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, submission of victim and her father, 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 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 3 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