1 2025:CGHC:1216 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8409 of 2024 Viplav Dhali S/o Khoken Dhali Aged About 24 Years R/o Village Marsunditola Thana Raigarh, Distt.- Navrangpur Orrisa. ... Applicant versus The State Of Chhattisgarh Through Police Station Pakhanjore, Distt. Uttar Baster Kanker, C.G. ---- Respondent (Cause title is taken from the CIS) For Applicant : Mr. Parag Kotecha, Advocate For Respondent/State : Ms. Priya Sharma, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 08/01/2025 1. Heard Mr. Parag Kotecha, counsel for the applicant and Ms. Priya Sharma, PL for the State-Respondent. 2. In compliance of Court’s order dated 03.12.2024, today victim is appeared along with her mother before this Court through video 2 conferencing from the DLSA- Kanker (C.G.). 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.136/2024, registered at Police Station- Pakhanjore, District Uttar Bastar, Kanker (C.G.) for the offence punishable under Sections 137(2), 87, 64(2)(n) of the BNS and Sections 4 & 6 of the POCSO Act, 2012. 4. Brief facts of this case are that, on pretext of marriage, the applicant had taken away the prosecutrix and committed sexual intercourse knowingly that she was minor on the date of incident. Hence, an offence under aforesaid section was registered against the applicant. 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 there is no direct evidence against the applicant and only on the basis of the suspicion the applicant had been involved in the present case. That, the ingredient of the section had also not been fulfill in the matter and police had unnecessary involved in the crime. He further contended that, marriage of applicant and prosecutrix is fixed for 26/01/2025 and 3 mother and father of the prosecutrix had also submitted, no objection. He further contended that, the charge sheet has already been filed, the applicant is in jail since 03.08.2024 and the trial will take considerable time for its conclusion, therefore, the applicant may kindly be released on bail. 6. Per contra, learned counsel for the State opposes the bail application submitted by the applicant. 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 the applicant and prosecutrix are having love affair since long. Further, there is no evidence available to show that the applicant has tampered the prosecution witnesses, charge-sheet has been filed, the applicant is in jail since 03.08.2024 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- Viplav Dhali involved in Crime No.136/2024, registered at Police Station- Pakhanjore, District Uttar Bastar, Kanker (C.G.) for the offence punishable under Sections 137(2), 87, 64(2)(n) of the BNS and Sections 4 & 6 of the POCSO Act, 2012, be released on bail on his furnishing a personal bond of 4 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 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 5 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