1 2025:CGHC:54187 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7865 of 2025  Rajeshwar Prasad Jaiswal S/o Suresh Kumar Jaiswal Aged About 42 Years R/o Village Bamhanidih, P.S. Bamhanidih District Janjgir Champa (Chhattisgarh) ... Petitioner(s) versus  State Of Chhattisgarh Through P.S. Saragaon Distt.- Janjgir-Champa (Chhattisgarh) ... Respondent For Applicant : Mr. F.S. Khare, Advocate. For Respondent : Ms. Priya Sharma, P.L. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 06/11/2025 1. This is the rst 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. 132/2025 registered at Police Station Janjgir Champa (C.G.), for the o3ence punishable under Sections 331(2), 75(2) of BNS and under Section 8 of POCSO Act 2012. 2. Today, the victim along with her father have appeared through DSLA Champa and have raised their objection in releasing the applicant on bail. 3. The allegation against the present applicant as per the prosecution case is that, younger sister of victim is studying in government school, where the present applicant is head Master. On 09.09.2025, the applicant asked from younger sister about victim that she is in home or not. 2 Thereafter the applicant went to house of victim about 11:00 AM along with younger sister of victim and gave Rs. 100/- and sent to younger sister to shop for purchasing “kurkure and thereafter in absence of parents, tried to outrage the modesty of the victim. Subsequently, an F.I.R. in this regard was lodged and the present applicant has been arrested on 09.09.2025 4. It has been argued by the learned counsel for the applicant that he has been falsely implicated in this case as there is dispute with the teachers of the school of the applicant. The victim is not studying in the school of the applicant therefore it is not possible for him to ask about the victim from younger sister. Moreover, the victim as well as her mother has become hostile before the trial Court. The applicant is in jail since 09.09.2025, hence he prays that the applicant be enlarged on bail. 5. Learned Panel Lawyer, appearing for the State opposed the bail application of the applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Having heard the contentions put forth on either side and on perusal of record, particularly taking into consideration the statement of the victim and her mother has been recorded and they turned hostile before the trial Court and further the trial is likely to take sometime for its conclusion and the applicant is in jail since 09.09.2025, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let applicant be released on bail on his furnishing a personal bond 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 3 (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. 9. OAce 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