1 2025:CGHC:4081 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8991 of 2024 Sukhram Bhardwaj S/o Late Rajkumar Bhardwaj Aged About 22 Years R/o Tenduwa, Police Station- Navagarh, District : Janjgir-Champa, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Chowki- Pantora, Police Station- Baloda, District : Janjgir-Champa, Chhattisgarh ---- Respondent For Applicant : Mr. Sushil Dubey, Advocate For Respondent/State : Ms. Prabha Sharma, P.L. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 22/01/2025 1. Vide order dated 20.12.2024, notice was issued to the victim/complainant for appearance before this Court. Office report shows that notice is served, but no one appeared today. 2. The applicant has been preferred this first bail application under Section 483 of the BNSS, 2023 for grant of regular bail as he is arrested in connection with Crime No.241/2024, registered at 2 Police Chowki Pantora, PS Baloda, District Janjgir Champa (C.G.) for the offence punishable under Sections 363, 366, 376(2)(n) of IPC and Sections 4 & 6 of the POCSO Act 3. Brief facts of this case are that on 26.06.2024 at 17:00 the informant/mother of the Prosecutrix lodged a written complaint to the concerned police station stating therein that on 25.06.2024 at 16:00 in the evening, her daughter (the Prosecutrix) left the house saying that she was going to shop in the village but she did not return and she could not be found even after searching for her and she had suspicious that Sukhram of village Tenduwa had lured and taken away her minor daughter. The concerned police registered a FIR against the present applicant as Crime No. 241/2024 for offence punishable under s. 363, 366, 376(2) (n) Indian Penal Code 1860 and after investigation offence punishable under Sections 4 & 6 of Protection of Children from Sexual Offences Act 2012 were added. 4. Learned counsel for the applicant contended that the present applicant has falsely been implicated in the present case by the concerned police in connection with Crime No. 241/2024 for offence punishable under s. 363, 366, 376(2)(n) Indian Penal Code 1860 and s. 4 and 6 of Protection of Children from Sexual Offences Act 2012. He further contended that the FIR has been registered against the present applicant on 26.06.2024 and birth 3 certificate of the Prosecutrix has been issued by the Registrar of Birth and Death Gram Panchayat Kendara on 21.05.2024 in which the date of birth of the Prosecutrix has been shown as 13.08.2006. In this way on the date of registration of FIR the Prosecutrix was aged about 17 years 10 months and 14 days therefore, she is capable to understand the consequence of her actions and decision and the applicant has wrongly been implicated in the criminal case. Applicant is in jail since 24.08.2024 and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail. 5. Per contra, learned counsel for the State opposes the bail application submitted by the applicant. 6. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 7. Taking into consideration the facts and circumstances of the case, further considering the nature of offence, at the time of incident, age of the victim girl was 17 years and 10 months and the applicant is in jail since 24.08.2024 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. 8. Let the applicant involved in Crime No.241/2024, registered at Police Chowki Pantora, PS Baloda, District Janjgir Champa 4 (C.G.) for the offence punishable under Sections 363, 366, 376(2)(n) of IPC and Sections 4 & 6 of the POCSO Act, be released on bail on his furnishing a personal bond of Rs. 10,000/- with one surety in the like sum 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 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. 5 (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. 9. 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 Vasant