1 / 4 2025:CGHC:3334 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8916 of 2024 1 - Saneesh Patle S/o Sadhe Lal Patle Aged About 21 Years R/o Village Buchihardi, P.S. Baloda, Tahsil - Akaltara, District - Janjgir-Champa Chhattisgarh ... Applicant versus 1 – State of Chhattisgarh Through - Station House Officer, P.S. Masturi, District Bilaspur Chhattisgarh ... Respondent For Applicant : Mr. N.K. Chatterjee, Advocate For State : Ms. Sunita Sahu, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 20/01/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 12/11/2024 in connection with Crime No. 364/2024, registered at Police Station Masturi, District Bilaspur, C.G. for the offence punishable under Sections 137 (2), 87, 65 (1) of the B.N.S. and Sections 4, & 6 of the Protection of Children from Sexual Offences Act, 2012. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.01.22 16:27:53 +0530 2 / 4 2. The case of the prosecution in brief is that the present applicant along with the other co-accused persons enticed away the minor girl from the lawful custody of her parents. Thereafter, on the basis of the report lodged at police station Masturi, and the offence was registered against the present applicant and other co-accused persons. Thereafter, the present applicant was arrested. 3. Learned counsel for the applicant would submit that the present applicant has no previous antecedents and he is only aged about 21 years. He would next contend that the victim and her parents have no objection if the bail is granted to the applicant. He would next contend that the present applicant has not done anything towards the victim and the allegations have been leveled against the other co-accused persons. He would lastly contend that it will take more time in recording the evidence and conclusion of trial will also take some time, therefore, the applicant may be released on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail. 5. The prosecutrix along with her father appeared in person before this Court and stated that they do not recognize the applicant and they have no objection if bail is granted to the applicant. 6. I have heard learned counsel for the parties and perused the documents. 7. Considering the fact that no direct allegation of committing wrong have been leveled against the applicant and the victim and her father have also given no objection with regard to grant of bail to the applicant and also taking into consideration the fact that the applicant is in jail since 3 / 4 12/11/2024 and the charge-sheet in this case has been filed, I am inclined to release the applicant on bail. 8. Let applicant Saneesh Patle, involved in Crime No.364/2024, under Sections 137(2), 87, 65 (1) of the B.N.S. and Sections 4 & 6 of POCSO Act, police station Masturi, District Bilaspur, C.G., be released on bail on his furnishing a personal bond with two sureties each in like amount 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 their counsel. In case of his absence, without sufficient cause, the trial Court may proceed against them under Section 269 of Bhartiya Nyay Sanhita, 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 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 4 / 4 Bhartiya Nyay Sanhita, 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 them in accordance with law. 9. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. SD/- (Arvind Kumar Verma) JUDGE ashu