1 2025:CGHC:475 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8256 of 2024 Peeladas Baghel S/o Omprakash Baghel Aged About 37 Years R/o Village Sirrabhantha, Police Station Devri, District Balod, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Devri District Balod, Chhattisgarh. ---- Respondent For Applicant : Mr. Vidya Bhushan Soni, Advocate For Respondent/State : Mr. Karan Bahrani, P.L. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 03/01/2025 1. Mr. Vidya Bhushan Soni, counsel for the applicant and Mr. Karan Bahrani, P.L. for the State-Respondent. 2. In compliance of Court’s order dated 27.11.2024, today victim has appeared along with her mother before this Court through 2 video conferencing from the DLSA- Balod and on being asked she has no objection to release the applicant on bail. 3. The applicant has been preferred this first bail application under Section 483 of the BNSS, 2023 for grant of regular bail as he is arrested in connection with Crime No.164/2024, registered at Police Station- Devri, District Balod (C.G.) for the offence punishable under Sections 75(1)(i), 75(2), 61(2) of BNS and Section 8 of the POCSO Act. 4. Brief facts of this case are that, on the date of incident, the complainant has made complaint to concerned Police Station Devri against with intend that the victim was well old acquaintance to the applicant and the victim along with her children was gone to her parental house at village Manki and on date of incident when the victim was walking along with her children and at that time at about 6.00-6.30 O'clock the applicant along with his friend Nitish Mishra and others friend came about victim by Scorpio vehicle of the applicant and thereafter, victim along with her children was carried by their Scorpio vehicle to drop at her parental house and thereafter, the accused persons have tried to outrage of her modesty. Based upon the such complaint of the complainant, the police has registered the offence punishable under Sections 75(1)(i), 75 (2), 61(2) of 3 B.N.S. and Section 8 of the POCSO Act, 2012 against accused persons and the present applicant. 5. Learned counsel for the applicant contended that, the applicant is innocent and he has falsely been implicated in the alleged crime, he has not committed any offence as alleged against him. He further contended that the victim has well knowing about right or wrong and the applicant has not committed any aforesaid offence as alleged by the prosecution against him and has falsely been implicated in connection of this crime. The present applicant has not played any role in the incident and has not knowing about the incident, because, no direct allegation made against the present applicant and no name of the applicant has mentioned in lodging FIR and only on the basis of merely suspicious the applicant has falsely been implicated in this crime, but the applicant has neither abducted victim nor committed any aforesaid offence as alleged by the prosecution against him. He further contended that the concerned police authorities has not taken proper investigation before registration of FIR against the applicant and only on the basis of merely suspicious, the applicant has falsely been implicated in this case without any sufficient reason. He further contended that the present applicant is suffering from illness and he has referred from District Hospital Balod to Mekahara Hospital, Raipur 4 Chhattisgarh where his treatment is continuously going on. He also contended that the applicant in jail since 13.11.2024 and and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail. 6. Per contra, learned counsel for the State opposes the bail application submitted by the applicant and submits that there are two previous antecedents against the applicant; first is under Sections 294, 323, 506 IPC and Sections 4, 5, 6 & 7 of the Dowry Prohibition Act and second is under Section 13 of the Chhattisgarh Gambling (Prohibition) Act, 2022. 7. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 8. Taking into consideration the facts and circumstances of the case and further considering the nature of offence and the applicant is in jail since 13.11.2024 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 in this case. 9. Let the applicant- Peeladas Baghel involved in Crime No.164/2024, registered at Police Station- Devri, District Balod (C.G.) for the offence punishable under Sections 75(1)(i), 75(2), 61(2) of BNS and Section 8 of the POCSO Act, be released on bail on his furnishing a personal bond with two sureties in the 5 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 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. (ii) 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 BNS, 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of the BNSS, 2023 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 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 6 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible, if there is no legal impediment. 11. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) Judge Vasant VASANT KUMAR Digitally signed by VASANT KUMAR