1 2025:CGHC:3782 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8820 of 2024 Chandrashekhar Prajapati S/o Ram Milan Aged About 20 Years R/o Village Hardi Mahamaya, Police Station - Baloda, District- Janjgir-Champa, Chhattisgarh. ... Petitioner versus State Of Chhattisgarh Through Police Station- Baloda, District- Janjgir-Champa, Chhattisgarh. ... Respondent For Applicant : Mr. Chandra Prakash, Advocate For Respondent/State : Mr. Karan Behrani, P.L. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 21/01/2025 1. Mr. Chandra Prakash, counsel for the applicant and Mr. Karan Behrani, P.L. for the State-Respondent. Victim along with her Mother appeared through video conferencing. 2. The applicant has been preferred this first bail application under Section 483 of the BNSS, 2023 for grant of bail as he is arrested in connection with Crime No.272 of 2024, registered at Police Station- Baloda District- Janjgir Champa, (C.G.) for the offence punishable under Section 137(2), 96, 64, 351(2), 61 of 2 B.N.S ,Section 4 (6) of POCSO Act and Section 3(2) (b) of ST/SC Prevention of Atrocity Act. 3. Brief facts of this case are that, the complainant has lodged FIR against applicant herein stating that on 30.07.2024, applicant has abducted the minor girl/victim aged about 17 years 04 month and 7 days from lawful guardianship of her parents and sexually assaulted upon her. That thereafter the complainant has filed written report to the Police Station- Baloda district- Janjgir Champa, and thereafter an FIR has been registered. After completion of investigation, chart-sheet is filed. 4. Learned counsel for the applicant contended that, the applicant is innocent and he has falsely been implicated in the alleged crime, he has not committed any offence as alleged against him. He further contended that if the material available in the charge- sheet,the evidence collected by the prosecution and the medical examination shows that there was a love affair between the applicant and the victim and that she herself reached applicant’s house which indicate the fact the present applicant has been falsely implicated. He further contended that the applicant is in jail since 04 August, 2024 and and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail. 3 5. Per contra, learned counsel for the State opposes the bail application submitted by the applicant. 6. Victim along with her mother too, opposed the bail application submitted by the applicant. 7. I have heard learned counsel for 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 the nature of offence and involvement of the present applicant in the case that is he abducted the minor girl aged about 17 year 04 month and 07 days from her lawaful guardianship of her parents and sexually assaulted her. However, it is evident that he was helping the main accused in abducting the victim. He has no previous antecedents and is in jail since 04 August, 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- Chandrashkhar Prajapati involved in Crime No.272/2024, registered at Police Station- Baloda, District- Janjgir Champa, (C.G.) for the offence punishable under the above mentioned sections, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions : 4 (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 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. 5 10. 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 alfiza