1 2025:CGHC:3223 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 70 of 2025 Deep Kasar @ Bajju S/o Shri Om Prakash Kasar Aged About 26 Years R/o Near Sanjay Patang Bhandar, Sakti Bazar, Sadar Road, Police Station - Kotwali, District Raipur (C.G.). ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station City Kotwali District - Raipur (C.G.). ---- Respondent For Applicant : Mr. Krishna Kumar Dixit, Advocate For Respondent/State : Ms. Vaishali Mahilong, P.L. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 17/01/2025 1. In compliance of Court’s order dated 08.01.2025, today father of the victim is appeared before this Court through video conferencing from the DLSA- Raipur. On being asked, he has no objection to release the applicant on bail. 2 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.292/2024, registered at Police Station- City Kotwali Raipur, District Raipur (C.G.) for the offence punishable under Section 74 of BNS and Section 8 of the POCSO Act, 2012. 3. Brief facts of this case are that the victim and applicant who are relative. Father of victim is running daily needs shop at Sakti Bazar on the date of incident, father and mother went to house for taking lunch at that time victim was sitting in shop and meantime applicant come to shop and sitting the counter of shop. On 26/09/2024, quarrel took place between the victim and the applicant. Due to that quarrel took place between the applicant and victim’s brother also. On the basis of which the matter reported before the Police Station City Kotwali Raipur. On that basis, offence under Section 74 of BNS and Section 8 of Protection of Children from Sexual Offence Act, 2012 was registered against the applicant. 4. Learned counsel for the applicant contended that the applicant is innocent person and he has been falsely implicated in the present case and the applicant has not acted as alleged by the prosecution story. He further contended that the applicant and victim both were familiar to each other and residing in same 3 locality and both were talking to each other through mobile phone continuously. He further contended that the applicant is aged about 26 years young boy, there is no previous antecedent against the applicant and he is in jail since 25/10/2024, so looking to the detention period of the applicant, he may kindly be enlarged 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 fact that the applicant and the victim are close relative and both were talking to each other through mobile phone continuously, further considering that there is no previous antecedent against the applicant and he is in jail since 25.10.2024 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- Deep Kasar @ Bajju involved in Crime No.292/2024, registered at Police Station- City Kotwali Raipur, District Raipur (C.G.) for the offence punishable under Section 74 of BNS and Section 8 of the POCSO Act, 2012, be released 4 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. (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 5 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible, if there is no legal impediment. 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 Vasant VASANT KUMAR Digitally signed by VASANT KUMAR