1 2025:CGHC:10104 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 621 of 2025 1 - Nitish Mishra S/o Lachchhan Misra Aged About 25 Years R/o Vill.- Ratanbhatha, Tah.- Dongargaon, Distt.- Rajnandgaon(C.G.) ... Applicant versus 1 - State of Chhattisgarh Through Station House Officer, P.S.- Deori, District- Balod (C.G.) ... Respondent For Applicant : Mr. Satyendra Shrivas, Advocate For State /Respondent : Ms. Priya Sharma, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 28/02/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who have been arrested on 19/10/2024 in connection with Crime No.164/2024, registered at Police Station- Deori, District Balod (C.G.) ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.03.03 14:01:33 +0530 2 for the offence punishable under Sections 75 (1) (1), 75 (2), 61 (2), of BNS and Section 8 of the POCSO Act, 2012. 2. Case of the prosecution in brief is that the father of the prosecutrix lodged a report in Police Station Deori on 07/09/2024 alleging that on 07-09-2024 present applicant had gone to village Surgi (Rajnandgaon) for a trip with Someshwar Lal Sahu, Mohan Lal Sahu, residents of village Manki in the Scorpio vehicle number-CG-08/BB/1724 of his friend Piladas Baghel. After eating at the dhaba of village Surgi, all four went back to village Manki via village Ratanbhant, KaramariSalhe, village Manki is the in-law's village of PiladasBaghel. In the evening, he had stayed at the in-laws house of PiladasBaghel in village Manki. Around 6:00-6:30 pm, near village Mankiturning, some women, who came to village Manki for celebrating Jija festival and prosecutrix also came with her family members and was wandering near village Manki Raod along with her mother, sisters and other children, at that time applicant along with his friends reached there in Scorpio vehicle number-CG-08/BB/1724, the mother of the prosecutrix is acquainted with his friends therefore she requested them to drop the children home, therefore the friends of applicants have given them lift to drop them near their home. After some time, when they reached near the house and checked, they found that the children had not been dropped near their home. Then, the car was chased and stopped in front 3 of Ganeshkhapri Nursery village, where the applicant's daughter, the victim, told that present applicant pressed her breast and kissed her with wrong intentions in the moving car. Thereafter, a report was lodged and on the basis of the report the applicant was arrested. 3. Learned counsel for the applicant submits that the FIR has been lodged under the confusion and he would next contend that even the family members of the prosecutrix has beaten the applicant and in order to save themselves the instant FIR has been lodged. He would next contend that first the report was lodged by the father of the applicant thereafter as a counter blast the father of the prosecutrix lodged the report. He would lastly contend that there is no previous antecedent against the applicant, applicant is in jail since 19/10/2024 and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail. 4. Per contra, learned counsel appearing on behalf of the State opposes the bail application submitted by the applicant. 5. The prosecutrix along with her mother appeared through video conferencing from DLSA Balod and she recorded her no objection with regard to grant of bail to the applicant. 6. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 4 7. Perusal of the documents would show that it is a dispute between two parties and both the parties have lodged FIR against each other and the prosecutrix has lodged her no objection with regard to grant of bail to the applicant and also taking into consideration the detention period as the applicant is in jail since 19/10/2024 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail. 8. Let the applicant involved in Crime No.164/2024, registered at Police Station- Deori, District Balod (C.G.) for the offences as mentioned above, be released on bail on his furnishing a personal bond of Rs.10,000/-with one surety in the like sum to the satisfaction of the Court concerned with the following conditions : (i) The applicant shall file an undertaking to the effect that he/she shall not seek any adjournment on the dates fixed for evidence when the witnesses is 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his/her counsel. In case of his absence, without sufficient cause, the trial court may proceed against him/her under Section 269 of BNS, 2023. 5 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his/her presence, proclamation under Section 84 of the BNSS, 2023 is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/her, in accordance with law, under Section 209 of BNS, 2023. (iv) 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, 2023. 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 for necessary information and compliance forthwith. Sd/- SD/- (Arvind Kumar Verma) Judge Ashu