1 2025:CGHC:659 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8542 of 2024 1 - Netram Patel S/o Shri Anuj Ram Patel Aged About 31 Years R/o Village - Kumhari (Bhaisa) P.S. - Kharora, District - Raipur Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Aundhi, District Mohla-Manpur-Ambagarh Chauki Chhattisgarh. ... Respondent For Applicant : Mr. Rajendra Patel, Advocate For State : Mr. Pramod Ramteke, Panel Lawyer (Hon'ble Shri Parth Prateem Sahu, Judge) Order on Board 06/01/2025 1. Applicant has filed this second 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. 09 of 2023 registered at Police Station – Aundhi, District – Mohla-Manpur-Ambagarh Chauki, Chhattisgarh for the offences punishable under Sections 363, 366, 376 (2)(n) of the I.P.C., 1860 and Section 4, 6 of the P.O.C.S.O. Act, 2012. 2. Case of the prosecution, in brief, is that on 25.05.2023 mother of victim lodged report in the concerned Police Station stating that her daughter aged about 17 years and 3 months is missing from the house. Based on the report, initially crime was registered for commission of offence under Section 363 of I.P.C., 1860. During course of investigation, victim was recovered, her statement under Section 161 of Cr.P.C. was recorded and thereafter, other offences were also added, applicant was arrested on 15.09.2023. Digitally signed by SHAYNA KADRI 2 3. Learned counsel for applicant submits that the applicant has been falsely implicated. He is innocent and has not committed aforementioned crime. During trial, victim and her mother has now been examined and they have not supported case of prosecution. Applicant is in jail since 15.09.2023, hence, he may be released on bail. 4. On the other hand, learned counsel for the State opposes the submission of learned counsel for the applicant and would submit that there are specific allegation against applicant in the statement of victim recorded under Section 161 and 164 of Cr.P.C.. He submits that deposition of victim and her mother as referred by learned counsel for applicant is subject matter of appreciation by learned trial Court. 5. Pursuant to notice issued by this Court, victim along with her brother-in- law appeared through virtual mode from DLSA Rajnandgaon and raised objection in grant of bail to applicant. 6. I have heard learned counsel for the parties. 7. Taking into consideration the facts and circumstances of the case, nature of allegations, period of pre-trial detention, submission of learned counsel for the respective parties, without commenting anything on merit of the case, I am inclined to enlarge the 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 3 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