1 / 4 2025:CGHC:9480 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 581 of 2025 1 - Hemantdas Manikpuri S/o Late Shyamdas Manikpuri Aged About 35 Years R/o Khamtarai, Police Chowki Pinkapara, P.S. Devri, District Balod (Chhattisgarh) (District Wrongly Mentioned As Rajnandgaon In The Cause Title Of The Impugned Order Sheet) ... Applicant versus 1 - State of Chhattisgarh Through Station House Officer, P.S. Devri, District Balod, Chhattisgarh ... Respondent For Applicant : Mr. Prasoon Agrawal, Advocate For State /Respondent : Ms. Pragya Shrivastava, Dy. GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 24/02/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 11/11/2024 in connection with Crime No. 193/2024, registered at Police Station Devri, District Balod, C.G. for the offence punishable under Sections 333, 296, 75 (1) (i), 75 (2) of the Bhartiya Nyaya Sanhita, 2023 and Sections 7/8 of the Protection of Children from Sexual Offences Act, 2012. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.02.25 16:36:11 +0530 2 / 4 2. The case of the prosecution in brief is that the applicant entered the house of the prosecutrix on 22/08/2024 at about 4.30 PM and while the prosecutrix was sleeping, the applicant tried to outrage her modesty by touching her inappropriately and he also abused in filthy language to the prosecutrix and other persons who were present there. Thereafter, on the basis of the report lodged, the present applicant was arrested. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated and the age of the prosecutrix was more than 16 years on the date of offence. He would next contend that the prosecutrix has been examined before the trial Court. He would lastly contend that the applicant is in jail since 11/11/2024, therefore, he may be enlarged on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail. 5. The prosecutrix appeared through video conferencing from DLSA, Balod and she raised strong objection with regard to grant of bail to the applicant. 6. I have heard learned counsel for the parties and perused the documents. 7. Considering the entire facts & circumstances of the case, nature of allegation leveled against the applicant, submission of learned counsel for the respective parties, evidence of the victim and her friend, further considering that there is no any other previous criminal antecedents against the present applicant, detention period of the applicant i.e. since 11/11/2024 and the charge-sheet in this case has been filed, I am inclined to release the applicant on bail. 8. Let applicant Hemantdas Manikpuri, involved in Crime No.193/2024, 3 / 4 under Sections 333, 296, 75 (1) (i), 75 (2) of the Bhartiya Nyaya Sanhita, 2023 and Sections 7/8 of the Protection of Children from Sexual Offences Act, 2012, police station Devri, District Balod, C.G., be released on bail on his furnishing a personal bond with two sureties each in like amount 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 their counsel. In case of his absence, without sufficient cause, the trial Court may proceed against them under Section 269 of Bhartiya Nyay Sanhita, 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 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 Bhartiya Nyay Sanhita, 2023. 4 / 4 (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 them in accordance with law. (V) The applicant shall not meet with the victim and her family members. 9. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu