1 2025:CGHC:44725 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6547 of 2025 Devkumar Sahu S/o Iswarlal Sahu Aged About 23 Years R/o Konde Power House, Ward No.17 Dallirajhhara, Police Station Rajhara, District : Balod, Chhattisgarh ... Petitioner versus State Of Chhattisgarh Through Police Station Rajhara, District : Balod, Chhattisgarh ... Respondent For Petitioner : Ms. Surbhi Yadav, Advocate For Respondent : Mr. Vivek Sharma, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 02.09.2025 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. 147/2025 registered at Police Station – Rajhara, District- Balod (C.G.) for offence punishable under Section 137(2), 87, 64(2) of BNS, 2023 and Section 05 & 06 of POCSO and Section 3(2)(V) of ST & SC Act. ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.09.02 18:49:35 +0530 2 2. Case of prosecution in brief is that mother of victim lodged a complaint before the concerned Police Station alleging that applicant took her daughter and committed sexual intercourse with her. Based upon which FIR was registered and applicant was arrested on 17.05.2025. 3. Learned counsel for applicant submits that applicant has been falsely implicated in the crime, he has not committed offence as alleged. During trial prosecutrix was examined before the Trial Court as PW-01 and she has not supported the case of the prosecution, applicant may be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant and submits that there is specific allegation against the applicant in the statement recorded under Section 180 and 183 of Cr.P.C. 5. Pursuant to notice issued by this Court, victim along with her mother appeared from virtual mode through concerned DLSA and raised objection in grant of bail to applicant. 6. I have heard learned counsel for the parties and perused documents placed on record. 7. Taking into consideration facts and circumstances of the case, nature of allegation, submission made by learned counsel for the respective parties and the documents enclosed along with the bail application 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 3 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 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) alfiza JUDGE