1 2025:CGHC:5878 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8671 of 2024 • Akshay Kumar Porte S/o Rajesh Singh, Aged About 19 Years R/o Karrichalgali, Police Chowki-Ranhat, Police Station Chalgali, District- Balrampur-Ramanujganj (C.G.) ... Applicant. versus • State Of Chhattisgarh Through- Station House OfÏcer, Police Chowki-Ranhat, Police Station-Chalgali, District-Balrampur- Ramanujganj (C.G.) ... Respondent For applicant. : Mr. Awadh Tripathi, Advocate. For Respondent/State. : Mr. Ankur Kashyap, Dy. Govt. Advocate. (Hon’ble Mr. Justice Narendra Kumar Vyas) Order on Board 31/01/2025 1. The applicant has preferred this second bail application under Section 483 of B.N.S.S. 2023 for grant of regular bail as he has been arrested on 18-12- 2023 in connection with Crime No. 60 of 2023 registered at Police Station – Chalgali, District Balrampur-Ramanujganj (CG) for alleged commission of offences under Sections 363, 366, 376(2)(n), 376 (3) of IPC and Sections 4 2 & 6 of the Protection of Children from Sexual Offences Act, 2012. First bail application of the applicant was dismissed as withdrawn on 18-9-2024. 2. The prosecution story in brief is that the victim and the applicant reside in the same village and thus they knew each other and they also had a love relation and on 12/11/2023 the victim and the applicant spoke to each other and on the next day at about 5.00 a.m. the victim met the applicant and they both went to the house of a relative of the applicant at Pendari and stayed there since 13/11/2023 to 16/11/2023 and on 14/11/2023 the applicant in the pretext of marriage raped her. On 17/11/2023 the victim and the applicant went to Rajpur and stayed at the house of a relative of the applicant namely Vishal Gonde for 5 to 6 days and during that course the applicant repeatedly had sexual intercourse with the victim and committed the same for the last time on 16/12/2023, and on the missing report lodged by the parents of the victim Police have registered the offence U/s 363, 366, 376(2)(n), 376(3) of Indian Penal Code and Section 4, 6 of POCSO Act against the applicant. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated and he has not committed any offence. He would further submit that the victim was a consenting party. He would further submit that the victim and her father have given their no objection for grant of bail to the applicant and even the victim has not supported the case of prosecution. He would further submit that the applicant is in jail since 18-12-2023 whereby he is in jail for more than one yer and one month and trial is likely to take sometime, therefore, the applicant may be granted bail. 4. On the other hand, learned State counsel though opposes the bail application of the applicant would submit that there is no previous criminal antecedent against the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature of allegations levelled against the applicant and also considering the statement of the 3 victim recorded before the trial Court wherein she has not supported the case of the prosecution and as per statement of the State counsel there is no pervious criminal antecedent against the applicant and also the fact that the applicant is in jail since for more than one year and one year,, I am inclined to grant bail to the applicant. 7. Accordingly, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with one surety for the like amount to the satisfaction of the trial Court 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 sufÏcient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. 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 174-A of the IPC. (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 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient 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. 4 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude expeditiously, preferably within a period of six months from the date of a receipt of a copy of this court, if there is no legal impediment. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Certified copy as per rules. Sd/- (Narendra Kumar Vyas) JUDGE Raju RAVVA SATYANARAYANA RAJU Digitally signed by RAVVA SATYANARAYANA RAJU Date: 2025.01.31 16:47:12 +0530