1 2025:CGHC:45891 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6673 of 2025 Amit Mandal S/o. Sukumar Mandal Aged About 21 Years R/o. Village Lalmohanpara, Ps Gandhinagar, District Sarguja C.G. ... Applicant versus The State Of Chhattisgarh Through Sho, Ps Gandhinagar, District Sarguja C.G. ... Respondent For Applicant : Mr. Praveen Soni, Advocate For Respondent : Mr. Karan Kumar Baharani, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 09.09.2025 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. 242/2025 registered at Police Station – Gandhinagar, District-Sarguja (C.G.) for offence punishable under Section 137(2), 87, 65(1), 3(9) of BNS, and Section 4 and 6 of POCSO Act. ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.09.10 10:37:55 +0530 2 2. Case of prosecution in brief is that father of the victim (minor) lodged a report in Police Station alleging that Anuj Sheel @ Anuj Sen has committed sexual intercourse with her daughter and applicant Amit Mandal has facilitated them by taking them to a lonely place in forest on a motorcycle. Based upon which aforementioned crime was registered and applicant was arrested on 18.04.2025. 3. Learned counsel for applicant submits that applicant has been falsely implicated in the crime, he has not committed offence as alleged. He further submits that there is no allegation against applicant of committing sexual intercourse with the victim. The only allegation leveled against the applicant in the entire charge-sheet is that when victim came along with other co-accused Anuj Sheel @ Anuj Sen he took them to nearby forest area on a motorcycle. Except the said allegation there is no other allegation against the applicant. He also submits that applicant is tender age of 21 years, there is no criminal antecedents against him and he is incarcerated in jail since 18.04.2025, hence, he may be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant and would submit that there are specific allegation of committing sexual intercourse with the victim as recorded in her statement of section 180 and 183 of BNSS, 2023 in her evidence before the Court. However, he did not dispute with submission made by counsel for the applicant that the only allegation against the applicant that once he took the co-accused Anuj Sheel @ Anuj Sen and victim on a motorcycle. 3 5. Pursuant to notice issued vide order dated 25.08.2025 by this Court, father of the victim appeared and raised objection in grant of bail to applicant. 6. I have heard learned counsel for the parties and perused the documents enclosed along with the bail application. 7. Taking into consideration facts and circumstances of the case, nature of allegation against the application, submission made by learned counsel for the respective parties as also documents enclosed with 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 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 4 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