1 2025:CGHC:1374 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 30 of 2025 1 - Triveni Kumar @ Bablu S/o Ramlakhan Ram Aged About 22 Years R/o Village Bhatapath Tahsil Manora District - Jashpur (C.G.) --- Applicant Versus 1 - The State Of Chhattisgarh Through Sho Police Station P.S. Aasta District - Jashpur (C.G.) --- Non-Applicant For Applicant : Mr. Divyanand Patel, Advocate For Non-Applicant : Ms. Mukta Tripathi, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 09/01/2025 1. This is the second bail application. The first bail application was dismissed on merits vide order dated 02.05.2024 in M.Cr.C. No. 2648/2024. 2. This bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 02/2024 registered at Police Station – Aasta, District – Jashpur, Chhattisgarh for the offences punishable under Sections 450, 376, 376 – D, 366, 323 r/w. Section 34 of the Indian Penal Code, 1860. 3. Case of prosecution is that, on 07.01.2024 in the evening, applicant along with others has committed sexual intercourse with the victim. Report was lodged on the next date i.e. 08.01.2024. Based on the SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 report, aforementioned crime was registered against the applicant and he was arrested on 09.01.2024. 4. Learned counsel for the applicant submits that this second bail application is filed on the ground that the victim and her husband have been examined before the Trial Court and they have not supported the case of prosecution. He also submits that the victim in her statement before the Court have stated that she has not lodged any report. Applicant is in jail since 09.01.2024. Trial may take sometime, hence, he may be enlarged on bail. 5. On the other hand, learned State counsel vehemently opposes the submission made by learned counsel for the applicant and would submit that there are serious allegations leveled by the victim against the applicant in her statement recorded under Section 161 and 164 of the Cr.P.C.. She however, submits that the submission of the counsel for the applicant based upon the deposition of the victim is subject matter of appreciation by the learned Trial Court. 6. I have heard learned counsel for the respective parties. 7. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, period of pre-trial detention, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 8. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned on the conditions that: (a) 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 3 shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (b) 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 Bharatiya Nyaya Sanhita. (c) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the courton the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (d) 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. 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 concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey