1 2025:CGHC:3788 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 183 of 2025 Vijay Kushwaha @ Nandu S/o Kalicharan Kushwaha Aged About 22 Years R/o Lahar Haveli, Police Station- Pandokhar, District- Datia, Madhyapradesh Presently Residing At Gautam Nagar, In Rented House Of Anand, Khursipar District- Durg, (C.G.) (Particulars Of The Applicant Is Mentioned Correctly) ... Petitioner versus State Of Chhattisgarh Through- Police Station- Khursipar, Bhilai, District- Durg (C.G.) ... Respondent For Applicant : Mr. Anmol Sharma, Advocate For Respondent/State : Ms. Sunita Sahu, P.L. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 21/01/2025 1. Mr. Anmol Sharma, counsel for the applicant and Ms. Sunita Sahu, P.L. for the State-Respondent. Victim along with her Mother appeared through video conferencing. 2. The applicant has been preferred this first bail application under Section 483 of the BNSS, 2023 for grant of bail as he is arrested in connection with Crime No.124 of 2024, registered at Police Station- Khursipar, Bhilai, District- Durg (C.G.) for the offence 2 punishable under Section 376(2)(n), 506(Part-II) of IPC and Section 6 of POCSO Act. 3. Brief facts of this case are that, on 10.06.2024 the prosecutrix aged about 16 years and 09 months lodged a written complaint against the present applicant stating that she is the resident of Bhilai and met the present applicant who is running a Pani Puri Shop and the prosecutrix went to his stall. Soon after the meeting phone numbers were exchanged and it is alleged that the present applicant has on the pretext of marriage has committed sexual intercourse with her from 12.12.2023 to 28.02.2024. Therefore, against the present applicant on the basis of the said written complaint the police authorities registered an FIR against the present applicant and he was arrested on 07.08.2024 and was sent to judicial custody. After completion of investigation, chart-sheet is filed. 4. Learned counsel for the applicant contended that, the applicant is innocent and he has falsely been implicated in the alleged crime, he has not committed any offence as alleged against him. He further contended that if the material available in the charge- sheet,the evidence collected by the prosecution and the medical examination shows that there is no signs of injury and no definite opinion can be given with respect to sexual intercourse which indicate the fact the present applicant has been falsely 3 implicated. He further contended that the applicant is in jail since 07.08.2024 and 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. Victim along with her mother too, opposed the bail application submitted by the applicant. 7. I have heard learned counsel for the parties, perused the case diary and other materials available on record. 8. Taking into consideration the facts and circumstances of the case and further considering the nature of offence, particularly to the fact that the applicant and the victim were having an affair and out of which they developed a physical relation withh each other and the applicant is in jail since 07.08.2024. Moreover there is no previous antecedents of the present applicant and the conclusion of the trial may take some more time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 9. Let the applicant- Vijay Kushwaha @ Nandu involved in Crime No.124/2024, registered at Police Station- Khursipar, Bhilai, District Durg (C.G.) for the offence punishable under Section 376 4 92)(n), 506(Part-II) of IPC and Section 6 of POCSO Act, be released on bail on his furnishing a personal bond with two sureties 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 5 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. 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 alfiza