1 2025:CGHC:46950 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6810 of 2025 1 - Rahul Kashyap S/o Nanduram Kashyap Aged About 21 Years R/o Village Dugda, P.S.- Pamgarh Distt.- Janjgir-Champa, C.G. ... Applicant Versus 1 - State Of Chhattisgarh Through Station House Officer, P.S.- Pamgarh Distt.- Janjgir-Champa, C.G. ... Non-applicant For Applicant : Mr. Aishwarya Kumar Dubey, Advocate For Non-applicant : Ms. Sunita Manikpuri, Dy. Advocate General SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 12/09/2025 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. 269/2025 registered at Police Station – Pamgarh, District – Janjgir-Champa, Chhattisgarh for the offences punishable under Sections 137 (2), 127 (2), 64 (2) (m), 3 (5) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 04, 06 & 17 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and under Section 3 (2) (V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. Case of prosecution is that, on 11.06.2025, when the victim was not found in her house, father of the victim lodged report in the concerned SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 police station that his daughter is found missing from his house. Based on the report, initially crime was registered for the offence punishable under Section 137 (2) of BNS, 2023 against suspicion against co- accused Roshan Kashyap. During course of investigation, victim was recovered, her statement was recorded under Section 180 of BNSS, 2023 and thereafter, applicant was arrested on 21.06.2025. 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 submits that there is no allegation against the applicant of committing sexual intercourse with her. He contended that the allegation against the applicant is that he accompanied the victim and the accused (juvenile) till railway station from where, victim went to Hyderabad on a train. 4. It is contention of counsel for the applicant that false allegations have been leveled against the applicant that the applicant along with others, forcefully took the victim to the house of co-accused (juvenile) which prima facie appears to be false. 5. On the other hand, learned State counsel opposes the submission made by counsel for the applicant and would submit that in the statement recorded under Section 183 of the BNSS, 2023, there is specific allegation against the applicant that he along with other co-accused persons after getting the victim to the room of co-accused (juvenile), locked the door from outside, upon which, as per allegation, the said co- accused committed forceful sexual intercourse with her and thereafter, they also helped for taking her to Chakradharpur, from where, victim was taken by the co-accused (juvenile) to Hyderabad. 6. At this stage, learned counsel for the applicant submits that as per the material available in the charge-sheet, it has come that when the victim went to Hyderabad, father of the co-accused (juvenile) has intimated this 3 fact to father of victim upon which, her father went to Hyderabad and brought her back. 7. There is no representation on behalf of the victim, though served. 8. I have heard learned counsel for the respective parties and perused the documents filed along with the bail application. 9. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties and further the role allegedly played by the applicant, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 10. 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. 4 11. 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