1 2025:CGHC:46647 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6769 of 2025 Lokesh Banjare S/o Amrit Lal Aged About 21 Years R/o Village- Kotmisonar, P.S. - Akaltara, District : Janjgir-Champa, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Akaltara, District : Janjgir-Champa, Chhattisgarh ... Respondent For Applicant : Mr. Vipin Singh Thakur, Advocate For State : Mrs. Priya Sharma, Panel Lawyer 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. 317/2025 registered at Police Station – Akaltara, District- Janjgir-Champa (C.G.) for offence punishable under Section 74 of BNS, 2023 and Section 08 of POCSO Act, 2012. 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 11.07.2025 at about 3:30 pm when victim went to the house of her uncle to bring water, on the way applicant caught hold of her hand and stated that he loves her and thereafter kissed her. Somehow she escaped and thereafter based upon which aforementioned crime was registered and applicant was arrested on 25.07.2025. 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 victim is having a love affair with some other person and she eloped with him, against which report bearing crime no. 369 of 2025 was lodged in Police Station Akaltara. Applicant is witness to the relationship between the victim and other person. She lastly submits that he is first offender and is in jail since 25.07.2025, 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 victim is aged about 15 years(minor) and looking to the allegation leveled against the applicant, he is not entitled to be enlarged on bail. However, she fairly submits that there is no criminal antecedents against the applicant. 5. Pursuant to notice issued vide order dated 28.08.2025 by this Court, victim appeared before this Court through virtual mode from DLSA Janjgir 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. 3 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, 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 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 4 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