1 / 4 2025:CGHC:9472 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8745 of 2024 1 - Gulshan Dhruv S/o Shri Khuman Dhruv Aged About 22 Years R/o Village Mogra, Police Station And Tehsil Mahasamund, District- Mahasamund, Chhattisgarh. ... Applicant versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Mahasamund, District- Mahasamund, Chhattisgarh. ... Respondent For Applicant : Mr. Anway Tiwari, Advocate For State /Respondent : Ms. Pragya Shrivastva, Dy. GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 24/02/2025 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 01/10/2024 in connection with Crime No. 527/2024, registered at Police Station Mahasamund, District Mahasamund, C.G. for the offence punishable under Sections 115(2), 296, 333, 351 (2) of the B.N.S. and Section 8 of the Protection of Children from Sexual Offences Act, 2012. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.02.25 16:36:10 +0530 2 / 4 2. The case of the prosecution in brief is that the applicant entered in the house of the prosecutrix on 31/10/2024 and pulled the arms and hands of the prosecutrix with intention to outrage her modesty and on being raised alarm by the prosecutrix her mother and grand-mother reached and the applicant abused them in filthy language and also beaten by way of stone. Thereafter, the report was lodged and the applicant was arrested. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he never misbehaved with the prosecutrix and has not beaten the mother and grandmother of the applicant. He would next contend that even the applicant has not done any offence as alleged him. He would lastly contend that the applicant is in jail since 01/10/2024, therefore, he may be enlarged on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail. 5. The prosecutrix appeared through video conferencing from DLSA, Mahasamund and she raised objection with regard to grant of bail to the applicant. 6. I have heard learned counsel for the parties and perused the documents. 7. Perusal of the documents would show that the allegation is with regard to pulling the arms and hands of the prosecutrix, the charge-sheet in this case has been filed and the trial will take some time to conclude. Considering the same and also taking into consideration the fact that the applicant is in jail since 01/10/2024, I am inclined to release the applicant on bail. 8. Let applicant Gulshan Dhruv, involved in Crime No.527/2024, under Sections 115(2), 296, 333, 351 (2) of the B.N.S. and Section 8 of the 3 / 4 Protection of Children from Sexual Offences Act, 2012, police station Mahasamund, District Mahasamund, 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 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) 4 / 4 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. (v) The applicant shall not meet with the victim and her family members. 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