1 2025:CGHC:46641 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6755 of 2025 1 - Sahil Suryavanshi S/o. Brijbhan Suryavanshi, Aged About 20 Years R/o. Club Chowk, Ward No. 46, P.S.- Basantpur, Tehsil And District - Rajnandgaon (C.G.) ... Applicant Versus 1 - State Of Chhattisgarh Through Police Station Basantpur, District Rajnandgaon (C.G.) ... Non-applicant For Applicant : Mr. Rahul Agrawal, Advocate For Non-applicant : Ms. Laxmeen Kashyap, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 11/09/2025 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. 430/2024 registered at Police Station – Basantpur, District – Rajnandgaon, Chhattisgarh for the offences punishable under Sections 137 (2), 64 (2) (m), 87 of the Bharatiya Nyaya Sanhita, 2023 and under Section 06 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. 2. Case of prosecution is that, mother of the victim lodged missing report in the concerned police station alleging that her daugther is missing from the house. During investigation, she was recovered from Raipur, her statement under Section 180 of the BNSS, 2023 was recorded and thereafter, applicant was arrested. SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 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 there is no specific allegation against the applicant of committing sexual intercourse with the victim. Victim with her own will and consent went to Raipur along with the applicant. He is jail since 25.09.2024, hence, 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 abducting and committing sexual intercourse with the minor victim. Upon asking as to the statement recorded under Section 183 of the BNSS, 2023, she submits that it only mentions that she with her own will, joined the applicant and went to Raipur and She further stated that nothing more has been happened with her. 5. Pursuant to the notice issued by this Court, victim along with her mother appeared before this Court through virtual mode from D.L.S.A. Rajnandgaon and they submitted 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, statement of the victim, period of pre-trial detention, 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 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