1 2025:CGHC:4722 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 741 of 2025 Ramvishwas Sonkar S/o Late Kholbahra Aged About 40 Years R/o Village Meu Police Station And Tahsil - Pamgarh District - Janjgir - Champa (C.G.) ... Applicant versus State of Chhattisgarh Through District Magistrate Jangir District Janjgir Champa (C.G.) ... Non-applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. For Objector : Mr. Vivek Shrivastava, Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 27.01.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 521/2024 registered at Police Station : Pamgarh, District – Janjgir – Champa (C.G.) for the offence punishable under Sections 127(4), 61(2), 64(2)(i), 64(2)(m) of the Bhartiya Nyaya Sanhita, 2023 and Section 4 and 6 of the Protection of Children from Sexual Offences ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.28 12:04:04 +0530 2 Act, 2012. 2. The prosecution's case is that the complainant reported a crime at Pamgarh Police Station, alleging wrongful confinement and rape of her minor daughter. The complaint accused the applicant, his sister, brother-in-law, and their underage son of conspiring in the crime. Police registered an FIR and began investigating, but have yet to file a chargesheet. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the present applicant is a teacher at Govt. School at Bhatapara having no criminal antecedents. He further submits that the applicant is in jail since 25.12.2024, conclusion of the trial may take sometime, therefore, he prays for grant of regular bail to applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has already been submitted before the competent Court. 5. Learned counsel for the objector also opposed the bail application of the present applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case and further the fact that the present applicant, a govt. teacher having no criminal 3 antecedents, moreover, the charge-sheet has already been submitted before the competent Court and he is in jail since, 25.12.2024, the trial is likely to take sometime for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case. 8. Let applicant, Ramvishwas Sonkar, involved in Crime No. 521/2024 registered at Police Station : Pamgarh, District – Janjgir – Champa (C.G.) for the offence punishable under Sections 127(4), 61(2), 64(2)(i), 64(2)(m) of the Bhartiya Nyaya Sanhita, 2023 and Section 4 and 6 of the Protection of Children from Sexual Offences Act, 2012, be released on bail on his furnishing a personal bond with two sureties in the 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 his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, 4 proclamation under Section 84 of BNSS. 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 the Bharatiya Nyaya Sanhita. (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. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek