1 2025:CGHC:44356 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6487 of 2025 1 - Lalla Sonkar @ Suresh Sonkar S/o Vishnu Sonkar, Aged About 19 Years R/o Dammani Colony, Gobra Nawapara, Police Station- Gobra Nawapara, District Raipur (C.G.) ... Applicant Versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Gariyaband, District Gariyaband (C.G.) ... Non-applicant For Applicant : None For Non-applicant : Ms. Priya Sharma, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 01/09/2025 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. 64/2025 registered at Police Station – Gariyaband, District – Gariyaband, Chhattisgarh for the offences punishable under S Sections 137 (2), 97, 64 (2) (m) of the BNS, 2023 and under Section 4 & 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and under Section 3 (2) (V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. Case of prosecution is that, mother of the victim lodged report in the concerned police station alleging that the applicant alluring the victim SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 took her and have committed sexual intercourse with her due to which, she became pregnant. Based on the report, F.I.R. was registered and applicant was arrested on 17.05.2025. 3. In the bail applicaiton it is pleaded that the applicant has been falsely implicated in the case. It is also pleaded that the victim is having love affair with the applicant and have also sent letters to the applicant. She also stated that she have attained majority and the relationship was developed with her own will. Along with the bail application, deposition of the victim recorded before the learned Trial Court is also filed. 4. Learned counsel for the Respondent/State would the submissions and pleadings made in the bail application and would submit that there is specific allegation of committing sexual intercourse with the minor child aged about 17 years and 05 months. She further submitted that the appreciation of evidence of victim is subject matter of learned Trial Court. 5. I have heard learned counsel for the respective parties and perused the documents filed along with the bail application. 6. Pursuant to the notice issued by this Court, victim along with her mother is present before this Court through virtual mode from D.L.S.A. Gariyaband and she submits that she is having no objection in grant of bail to the applicant. 7. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the State and also, statement of victim before this Court and her evidence, 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 her 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