1 2025:CGHC:46645 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6799 of 2025 Harsh @ Lavkesh S/o Surendra Prasad Panghare (Panghara) Aged About 19 Years R/o Ward No. 09, Jhagrakhand, P.S.- Jhagrakhand, Tahsil- Manendragarh, Distt- M.C.B. (C.G.) ... Applicant versus State Of C.G. Through- S.H.O., Police Station- Manendragarh, Dist- M.C.B. (C.G.) ... Respondent For Applicant : Mrs. Deblina Maity, Advocate For Respondent : Mrs. Priya Sharma, Panel Lawyer For complainant/objector : Ms. Surbhi Yadav, Advocate Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 11.09.2025 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. 107/2025 registered at Police Station – Manendragarh, District- M.C.B. (C.G.) for offence punishable under Section 137(2), 87, 65(1), 3(5) of BNS, and Section 4 and 6 of POCSO Act. ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.09.12 18:26:48 +0530 2 2. Case of prosecution in brief is that on 21.06.2025 father of the victim found her daughter to be missing from the house, he thereafter lodged report in concerned Police Station based upon which aforementioned crime was registered against an unknown person. During the course of investigation, victim was recovered from the possession of Jiwanlal Panghare @ Anand (co-accused). Her statement under Section 180 of BNSS was recorded and, thereafter applicant and co-accused were arrested on 23.06.2025. 3. Learned counsel for applicant submits that applicant has been falsely implicated in the crime, he has not committed offence as alleged. She further submits that allegation against applicant is only that he accompanied them till Umaria Railway Station in a car and no other allegation is leveled against him. She also submits that applicant is of tender age of 19 years and is in jail since 23.06.2025, hence, he may be enlarged on bail. 4. Counsel for the complainant/objector opposes the submission made by learned counsel for the applicant and would submit that applicant has also participated in abducting the victim from her house. Hence, he may not be enlarged on bail. 5. On the other hand, learned counsel for the State also opposes the submission made by learned counsel for the applicant and would submit that there are specific allegation against applicant in the statement recorded under Section 180 of BNSS , however, she fairly submits that in statement recorded under Section 183 of BNSS, no allegation is made against the applicant by the victim. 3 6. Pursuant to notice issued vide order dated 28.08.2025 by this Court, father as well as mother of the victim appeared before this Court through virtual mode from DLSA and raised objection in grant of bail to applicant. 7. I have heard learned counsel for the parties and perused the documents enclosed along with the bail application. 8. Taking into consideration facts and circumstances of the case, nature of allegation against the application, submission made by learned counsel for the respective parties, without commenting anything on merits of the case, I am inclined to allow this application. 9. 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. 10. 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