1 2025:CGHC:45608 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6592 of 2025 1 - Vijay Kumar Rai S/o Late Samaylal Rai Aged About 58 Years R/o Village Kumhari, Police Station And Tahsil Marwahi, District- Gaurela- Pendra- Marwahi Chhattisgarh. ... Applicant Versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station - Marwahi, District- Gaurela- Pendra- Marwahi Chhattisgarh. ... Non-Applicant For Applicant : Mr. Ashok Soni, Advocate along with Mr. Vijay Shankar Mishra, Advocate For Non-Applicant : Mr. Pranjal Shukla, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 08/09/2025 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. 127/2025 registered at Police Station – Marwahi, District – Gaurela-Pendra-Marwahi, Chhattisgarh for the offences punishable under Section 74 of the Bharatiya Nyaya Sanhita, 2023 and under Section 09C/10 of Protection of Children from Sexual Offences (POCSO), 2012 and under Sections 3 (1) (i) & 3 (2) (v) (a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and under Section 75 (3) of the Juvenile Justice Act, 2015. SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 2. Case of prosecution is that, victim lodged a report in the concerned police station alleging that the applicant who is a Teacher posted at Goverment Higher Secondary School, Banshital had tried to outrage her modesty by touching her inappropriately while taking the classes during school hours. Based upon which, aforementioned crime was registered and the applicant was arrested on 05.08.2025. 3. Learned counsel for the applicant submits that applicant is innocent, he has been falsely implicated in the crime. He has not committed any offence as alleged. He submits that the applicant is aged about 58 years and is a Teacher posted at Goverment Higher Secondary School, Banshital, in discharge of his duties while teaching the students of Class – IX, he engaged with the students, may have also touched them, but not with bad intention. He contended that he was arrested on 05.08.2025, charge-sheet has been filed, there is no likelihood of his absconding or influencing the material witnesses and therefore, he may be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission made by counsel for the applicant and would submit that there is specific allegation against the applicant of outraging the modesty of the victim. 5. Pursuant to the notice issued by this Court, father of the victim appeared before this Court through virtual mode from concerned D.L.S.A. on 01.09.2025 and have raised objection in grant of bail to the applicant. 6. I have heard learned counsel for the respective parties. 7. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, the applicant is a Teacher aged about 58 years, there is no apprehension of his absconding, trial may take sometime, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 3 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 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