1 2025:CGHC:4080 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8882 of 2024 Devsingh @ Santosh Singh S/o Jole Singh, Aged About 20 Years R/o Village-Bijarakachhar, P.S.-Lormi, District-Mungeli (C.G.) ... Applicant versus State Of Chhattisgarh Through-Station House Officer, Lormi, District- Mungeli (C.G.) ---- Respondent For Applicant : Dr. Arpit Lal, Advocate For Respondent/State : Mr. Karan Bahrani, P.L. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 22/01/2025 1. In compliance of Court’s order dated 19.12.2024, today victim is appeared before this Court along with her father. On being asked, they have no objection to release the applicant on bail. 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.204/2024, registered at 2 Police Station- Lormi, District Mungeli (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 the complainant has lodged report at police Station Lormi against the present applicant with allegation that the present applicant had enticed and kidnapped her minor daughter and forcefully raped her against her will. On the report of the complainant, offence was registered against the applicant under section 363, 366, 376 (2)(n), of the I.P.C. and Section 4, 6 of the POCSO Act. The charge sheet has not been filed and the matter is under investigation. 4. Learned counsel for the applicant contended that the applicant is an innocent person and has falsely been implicated for the offence punishable under Sections- 363, 366, 376 (2)(n), of the L.P.C. and 4, 6 of the POCSO Act. He further contended that there is no cogent evidence related to the age of the victim girl and it cannot be said that at the time of the incident she was minor. Applicant is in jail since 07/11/2024 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. 3 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 08 months and the applicant is in jail since 07.11.2024 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.204/2024, registered at Police Station- Lormi, District Mungeli (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. 4 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. 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 VASANT KUMAR Digitally signed by VASANT KUMAR