-1- 2025:CGHC:2254 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8399 of 2024 Deepak Kumar Patel S/o Fulchand Aged About 18 Years R/o Village Durpa, P.S.Shivrinarayan District Janjgir Champa, Lalghat Nadiya Para Police Station Balco Nagar, District Korba (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Of Police Station Balco, District Korba (C.G.) ... Respondent(s) For Applicant : Mr. Ashutosh Shukla, Advocate For State : Ms. Mukta Tripathi, Panel Lawyer S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 14/01/2025 1. Applicant has filed this bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for grant of regular bail as he was arrested in connection with Crime No.90 of 2023 registered at Police Station –Balco, District- Korba (CG) for offence punishable under Section 376- DA, 506 (Part-II) of IPC, Section 6 of the Protection of Children From Sexual Offences Act, 2012. 2. This is the second bail application on behalf of the applicant. His earlier bail application was dismissed on 15.12.2023. Digitally signed by PRAVEEN KUMAR SINHA -2- 3. Case of prosecution, in brief, is that applicant along with other co-accused persons have committed sexual intercourse with the girl less than 16 years of age, due to which, she became pregnant and also gave birth to a child who later on died during course of treatment. Report was lodged by father of the victim, her statement under Sections 161 of Cr.P.C. was recorded, applicant was arrested on 28.01.2023. 4. Learned counsel for the applicant submits that this second application for grant of bail was filed on the ground of delay in trial as also the period of pre-trial detention which the applicant has already undergone of about 2 years. He contended that there are as many as 24 enlisted witnesses out of which, till date, only 8 witnesses have been examined including victim and her parents. One of the co-accused person namely Raj Kumar @ Mona has already been enlarged on bail vide order dated 12.11.2024 passed in MCRC No.6939 of 2024. Applicant is a young boy aged about 18 years. There is no other criminal antecedent of applicant. Hence, he may be enlarged on bail. 5. On the other hand, learned counsel for the State opposes the submission of learned counsel for the applicant. She submits that serious allegations have been levelled against the applicant and other co-accused persons of committing gang rape on a minor girl, hence, applicant is not entitled for grant of bail. However, she do not dispute submission of learned counsel for the applicant with respect to grant of bail to co-accused and further that out of 24 enlisted only 8 witnesses were examined -3- till date on the basis of instructions received by her from concerned police station. 6. On the last date of hearing, parents of victim appeared before this Court and raised objection in grant of bail to the applicant. 7. I have heard learned counsel for the parties and also perused the documents placed on record. 8. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the respective parties, period of pre-trial detention of applicant of about 2 years, other similarly situated co- accused has already been enlarged on bail, victim and her parents have been examined before the trial Court, there is no sapprehension of influencing the material witnesses, there is no other criminal antecedent of applicant, as also age of the applicant, without commenting anything on merits of case, I am inclined to allow the application. 9. Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail on his furnishing a personal bail bond in the sum of Rs.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. -4- (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 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 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. Certified copy as per rules. Sd/---/-/- (Parth Prateem Sahu) Judge Praveen