1 2025:CGHC:46211 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6675 of 2025 1 - Shankar Agariya S/o Amarbilas Agariya Aged About 19 Years R/o Kerju Kumansiya Para, Police Station Chouki Kerju, Ps Sitapur, District- Sarguja (C.G.) ... Applicant Versus 1 - The State Of Chhattisgarh Through Sho, Ps Sitapur, District- Sarguja (C.G.) ... Non-applicant For Applicant : Mr. Praveen Soni, Advocate For Non-applicant : Mr. Vivek Sharma, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 10/09/2025 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. 153/2025 registered at Police Station – Sitapur, District – Sarguja, Chhattisgarh for the offences punishable under Section 137 (2), 87, 64 (2) (m) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 4 & 6 of Protection of Children from Sexual Offences (POCSO), 2012. 2. Case of prosecution is that, father of the victim lodged missing report of his daughter in the concerned police station. Based upon which, initially, crime for the alleged commission of offence under Section 137 (2) was registered. During course of investigation, parents of victim brought her SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 from Banglore and her statement under Section 180 was recorded and applicant was arrested on 18.06.2025. 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 contended that there is no allegation of commission of sexual intercourse against the applicant, but it was the victim herself, who with her own will went to Bangalore along with the applicant. Victim has now been examined before the learned Trial Court and she has not supported the case of prosecution to the extent of sexual assault upon her. 4. On the other hand, learned State counsel opposes the submission made by counsel for the applicant and would submit that in the statement of victim recorded under Section 180 of BNSS, 2023 specific allegations have been leveled against the applicant. However, upon asking about the statement if any, recorded under Section 183 of the BNSS, 2023, he submits that in the said statement, victim has not made any allegation of sexual intercourse or assault. 5. Pursuant to the notice issued by this Court, father of the victim appeared before this Court in person and have raised objection in grant of bail to the applicant. 6. At this stage, learned counsel for the applicant would submit that in deposition, age of the victim is mentioned as 17 years. 7. I have heard learned counsel for the respective parties. 8. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, statement as discussed above, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 9. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that 3 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. 10. 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