1 2025:CGHC:60533 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9656 of 2025 1 - Human Lal Nirmalkar S/o Ageshwar Nirmalkar Aged About 22 Years Caste - Dhobi, R/o Abadi Para Kanver, P.S. Gurur, District - Balod (C.G.) ----- Applicant(s) versus 1 - State Of Chhattisgarh Through O,cer-In-Charge Of Police Station - Gurur, District - Balod (C.G.) ---- Non-Applicant For Applicant : Mr. Prakhar Dashore, on behalf of Mr. R.S. Patel, Advocate For-Non-applicant : Ms. Laxmeen Kashyap, P.L. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 12.12.2025 1. This is the First bail application /led under Section 483 of the B.N.S.S. for grant of regular bail to the applicant who has been arrested in connection with Crime No. 164/2025 registered at Police Station Gurur District Balod (C.G.), for the o7ence punishable under Section 137(2), 87, 64(2)(m)/65(1) of BNS and Section 3(2)(V) of SC and ST (Prevention of Atrocities) Act, 1989. 2. Notice issued to the victim has duly been served, however, no one appeared on behalf of the victim. In such circumstances, Ms. Kaushaki Kumari, Advocate, who is present in the Court is appointed as amicus Digitally signed by JYOTI JHA Date: 2025.12.16 18:57:02 +0530 2 curiae to assist the Court on behalf of the victim. 3. After going through the documents, Ms. Kaushaki Kumari, Advocate, appointed as amicus curiae, opposes the prayer for grant of bail for the applicant. 4. The allegation against the present applicant as per the prosecution case is that, the present applicant knowing the fact that the prosecutrix was a minor, he is said to have taken the prosecutrix to somewhere and there he is said to have had a physical relationship with her. Subsequently, an F.I.R. in this regard was lodged and the present applicant has been arrested on 22.08.2025. 5. It has been argued by the learned counsel for the applicant that prosecutrix has already examine before the learned trial Court and she has turned hostile and not supported the case of the prosecution, vide Annexure A/3. It is further submitted that the applicant is in jail since 22.08.2025, hence he prays that the applicant be enlarged on bail. 6. Learned Panel Lawyer, appearing for the State opposed the prayer for bail. 7. I have heard learned counsel for the parties and perused the case diary. 8. After hearing the submissions advanced by learned counsel for the parties particularly taking note of the statement of the prosecutrix who has turned hostile before the trial Court and she stated that she has not said anything against the applicant and also considering the fact that she voluntarily accompanied with the applicant, the trial is likely to take sometime for its conclusion and the applicant is in jail since 22.08.2025, 3 this Court is of the view that the applicant is entitled to be released on bail in this case. 9. Let the applicant be released on bail on his furnishing a personal bond of Rs. 10,000/- with one surety in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall le an undertaking to the eect that he shall not seek any adjournment on the dates xed 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 xed, either personally or through their counsel. In case of his absence, without su"cient cause, the trial court may proceed against them under Section 269 of Bhartiya Nyaya Sahita, 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 xed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of Bhartiya Nyaya Sahita, 2023 (iv) The applicant shall remain present, in person, before the trial court on the dates xed 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 su"cient 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. 10. O,ce is directed to send a certi/ed copy of this order to the trial Court concerned for necessary information. Sd/- (Arvind Kumar Verma) JUDGE Jyoti