1 2025:CGHC:253 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8551 of 2024 1 - Gyan Chand Vishwakarma S/o Nandlal Vishwakarma Aged About 22 Years R/o Andhla Ps Lakhanpur District Surguja Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Officer-In-Charge Police Station-Tamnar, Distt. Raigarh (Chhattisgarh). ... Respondent(s) For Applicant : Mr. Ashutosh Mishra, Advocate For State : Mr. Pramod Ramteke, Panel Lawyer (Hon'ble Shri Parth Prateem Sahu, Judge) Order on Board 02/01/2025 1. Applicant has filed this third bail application under Section 483 of B.N.S.S., 2023 for grant of regular bail as he is arrested in connection with Crime No. 367 of 2023 registered at Police Station – Tamnar, District – Raigarh, Chhattisgarh for the offences punishable under Sections 376, 457, 506, 34 of the I.P.C., 1860 and 4 & 6 of P.O.C.S.O. Act, 2012. 2. Case of the prosecution, in brief, is that on 11.09.2023 at about 11:00 pm, applicant and co-accused Bhajan Singh entered into the house of victim and complainant. They have sprayed some fluid over the adult persons sleeping in the house. One of the co-accused has committed sexual intercourse with victim and thereafter ran away. Incident of commission of sexual intercourse upon minor victim was reported by her to her aunt after some time of incident and thereafter report was lodged, based upon which, aforementioned crime was registered and applicant was arrested on 25.09.2023. 2 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He contended that after withdrawal of the earlier application, now victim is examined before learned trial Court and in her evidence, she specifically took name of co-accused Bhajan Singh to be the person who committed sexual intercourse with her. There is no allegation of committing sexual intercourse or participating in any manner in commission of such offence. He further contended that applicant is in jail since 25.09.2023 and if entire case is taken as it is, case, if at all against applicant, would fall only under Section 457 of I.P.C.. Applicant is a young boy aged about 22 years and is in jail since last about more than one year and two months. There is no criminal antecedent against applicant, hence, he may be enlarged on bail. 4. Learned State counsel opposes the submission of learned counsel for applicant and would submit that there are specific allegation against applicant also of entering into the house along with co-accused and further that in the statement recorded under Section 161 and 164 of Cr.P.C., there are allegation against applicant that on earlier occasion also, he has made attempt of outraging modesty along with co- accused Bhajan Singh. However, upon asking with respect to any complaint or report of earlier incident, he submits that no such material is available in the case diary. 5. Pursuant to notice issued by this Court, victim along with her sister appeared in person and raised objection in grant of bail to applicant. 6. I have heard learned counsel for the parties and also perused documents annexed along with the application. 7. Taking into consideration entirety of facts and circumstances of the case, nature of allegation, submission of learned counsel for the 3 respective parties that allegation of commission of sexual intercourse is against co-accused Bhajan Singh, period of pre-trial detention of applicant, trial may take some time for its conclusion, without commenting anything on merits of the case, I am inclined to enlarge applicant on bail. 8. Accordingly, the bail application is allowed. It is directed that the applicants shall be released on regular bail, upon furnishing a 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. (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 her 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. 9. 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) Shayna JUDGE Digitally signed by SHAYNA KADRI