1 2025:CGHC:796 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8407 of 2024 Gulab Singh Raj S/o Bajur Singh Raj Aged About 19 Years R/o Village Raseda, Police Station 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. Malay Shrivastava, Advocate For Respondent/State : Mr. Pranjal Shukla, P.L. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 06/01/2025 1. Heard, Mr. Malay Shrivastava, counsel for the applicant and Mr. Pranjal Shukla, P.L. for the State-Respondent. 2. Vide order dated 03.12.2024, notice was issued to the victim, but neither victim nor there has been any representation made on behalf of her. 2 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.549/2024, registered at Police Station- Akaltara, District Janjgir Champa (C.G.) for the offence punishable under Sections 126(2), 74, 351(2) of the BNS and Section 12 of the POCSO Act, 2012. 4. Brief facts of this case are that, on 06.11.2024 at around 05:30 PM, when the minor prosecutrix was returning home from school, the applicant stopped the prosecutrix and tried to outrage her modesty by caught her hand and threatened the prosecutrix to take picture with him and uploaded the same on Instagram ID. 5. Learned counsel for the applicant contended that, the present applicant is innocent he has not committed any offence, he has been falsely implicated in the aforesaid case. He further contended that the matter was previously compromised between the parties in the Gram Sabha, however, due to dispute for money the present FIR was lodged against the applicant. He further contended that, there is no iota of evidence against the present applicant and the applicant is a tender aged boy and keeping in custody for longer period will affect his life. He lastly contended that the applicant is in jail since 11.11.2024 and trial is 3 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 is a previous antecedent against the applicant under Crime No.152/2022 registered in the Police Station Akaltara, District Janjgir Champa (C.G.) for the offence under Sections 341, 395 & 427 of IPC. 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 that charge sheet has been filed and the applicant is in jail since 11.11.2024 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- Gulab Singh Raj involved in Crime No.549/2024, registered at Police Station- Akaltara, District Janjgir Champa (C.G.) for the offence punishable under Sections 126(2), 74, 351(2) of the BNS and Section 12 of the POCSO Act, 2012, 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 : 4 (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 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. 5 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