1 2025:CGHC:3783 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8829 of 2024 1 - Diglesh @ Arun Netam S/o Pitamber Netam Aged About 20 Years R/o Village Kendupati, Police Station Indagaon, District Gariyaband Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Paylikhand (Jugad), District Gariyaband Chattisgarh ... Respondent(s) For Applicant : Ms. Sunita Sahu, Advocate For Respondent(s) : Mrs. Pushplata Khalkho, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma Order on Board 21/01/2025 1. This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 04/2024 registered at Police Station-Paylikhand (Jugad), District- Gariyaband (C.G.) under Section 137(2), 87, 64(2)(d) of BNS, 2023 and Section 4 and 6 of POCSO Act, 2012. 2. The case of the prosecution, in brief, is that the father of the victim made missing report of his daughter and during the investigation 2 the said girl was recovered from the possession of applicant, therefore the offences as mentioned above has been registered and filed the charge sheet before the concerned Court. 3. Learned Counsel for the applicant submits that the applicant has been falsely implicated in the alleged crime, he has not committed any offence as alleged against him. He further contended that the applicant have neither committed nor participated in any such act which may amount to any of the offences mentioned above. He later submits that the applicant has no criminal antecedent and he is in jail since 07.09.2023 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State would oppose the bail application and also endorse the said submission that the applicant has no criminal antecedent. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. A bare perusal of record shows that there was a love affair between the prosecutrix and the applicant, it is a case of elopment.. Taking into consideration the facts and circumstances of the case, and looking to the nature of the offence and the fact that the applicant has no criminal antecedents and he is in jail since 07.09.2023, further the 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. 3 7. Let the applicant- Diglesh @ Arun Netam, involved in Crime No. 04/2024 registered at Police Station Paylikhand (Jugad), District- Gariyaband (C.G.), for the offence punishable under Section 137(2), 87, 64(2)(d) of BNS and Section 4 and 6 of POCSO Act, 2012 be released on bail on their furnishing a bond of Rs. 10,000/- with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants 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 them under Section 269 of Bhartiya Nyay Sanhita, 2023 (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued and the applicants fail to appear 4 before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of Bhartiya Nyaya Sanhita, 2023. (iv) The applicants 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 BNSS. If in the opinion of the trial court absence of the applicants 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. Sd/- (Arvind Kumar Verma) JUDGE Madhurima