1 / 4 2025:CGHC:12150 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 692 of 2025 1 - Ramnandan Gond @ Chotu S/o Thanusingh Gond Aged About 28 Years R/o Lalghat, Nadiya Para Police Station - Balco Nagar, District - Korba (C.G.). ... Applicant versus 1 - State of Chhattisgarh Through Station House Officer, Police of Police Station - Balco, District - Korba (C.G.). ... Respondent For Applicant : Mr. Ashutosh Shukla, Advocate For State : Ms. Laxmin Kashyap, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 11/03/2025 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 28/01/2023 in connection with Crime No.90/2023, registered at Police Station- Balco, District Korba, C.G. for the offence punishable under Sections 376 ?kd ,506 (Part-II) IPC and Section 6 of the POCSO Act. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.03.12 17:58:57 +0530 2 / 4 2. The case of the prosecution in brief is that the applicant along with other co-accused persons have committed sexual intercourse with the girl less than 16 years of age, due to which, she became pregnant and also gave birth to a child who later on died during course of treatment. Report was lodged by father of the victim, her statement under Sections 161 of Cr.P.C. was recorded, applicant was arrested on 28.01.2023. 3. Learned counsel for the applicant submits that the prosecution could not prove that the age of the prosecutrix was less than 18 years as the ossification test as well as no radiology report was conducted. He would next contend that the main accused is Raj Kumar @ Mona and he has been granted bail by the co-ordinate Bench in M.Cr.C. No.6939 of 2024. He would lastly contend that there is no previous antecedent against the applicant, charge-sheet has been filed, the applicant is in jail since 28/01/2023 and trial is likely to take some time as out of 24 witnesses only 06 witnesses have been examined, therefore, it is prayed that the applicant may be released on bail. 4. Per contra, learned counsel appearing on behalf of the State opposes the bail applications submitted by the applicants. 5. Notice issued to the victim has been duly served, however, no one appeared on behalf of the victim. In such circumstances, Mr. Anuj Pandey, Advocate, who is present in the Court is appointed as amicus curiae to assist the Court on behalf of the victim. 3 / 4 6. After going through the documents, Mr. Anuj Pandey, Advocate appointed as amicus curiae, opposes the prayer for grant of bail for the applicant. 7. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 8. Taking into consideration the facts and circumstances of the case and particularly considering the fact that the main accused has been granted bail by the co-ordinate Bench and no allegations have been leveled against the present applicant and further considering the fact that the applicant is in jail since 28/01/2023 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. 9. Let the applicant involved in Crime No.90/2023, registered at Police Station- Balco, District Korba, C.G. for the offences as mentioned above, 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/she 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. 4 / 4 (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/her, 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. 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 ashu