1 2025:CGHC:19274 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2616 of 2025 1 - Prabhajan Mistry S/o Shri Prabhakar Mistry Aged About 25 Years R/o Village P.V. 102, Krishak Nagar, Thana Bande, Tahsil Pakhanjur, District- North Bastar Kanker (C.G.) ... Applicant Versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station Bande, District- North Bastar Kanker (C.G.) ... Non-Applicant For Applicant : Mr. Mukesh Shrivastava, Advocate For Non-Applicant : Mr. Keshav Prasad Gupta, Government Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 29/04/2025 1. This is the third bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 67/2023 registered at Police Station – Bande, District – North Bastar Kanker, Chhattisgarh for the offences punishable under Sections 363, 366, 376 (2) (n), 306, 34 of the Indian Penal Code, 1860 and under Sections 4 & 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. 2. Case of prosecution is that, applicant forcefully took minor girl in his house while she was going to school. Grandfather of minor girl wasinformed that applicant brought victim in his house and asked them to come along with other villagers for a meeting. In the meeting, it was SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 requested that applicant should hand over the girl and they will keep them till she attain age of majority and thereafter, they will marry her with the applicant. On the said date, applicant has not sent victim along with her grand-father and other villagers. On 08.11.2023, parents of vicitm received a phone call that victim consumed poison and she is in hospital. During treatment, she died. Morgue was intimated to the concerned police station based upon which, aforementioned crime was registered an applicant was arrested on 24.11.2023. 3. Learned counsel for the applicant submits that the applicant is innocent, he has been falsely implicated in the crime. He has not committed any offence as alleged. He submits that this third bail application is filed on the ground of delay in trial. He contended that there are 26 enlisted witnesses out of which, only 04 witnesses have been examined till date. Applicant is in jail since 24.11.2023 and thereby, he has completed about 01 year and 06 months of the pre-trial detention. The material witnesses to the incident i.e. the father and mother of the deceased/victim have been examined before the learned Trial Court and there are contradictions and omissions in their evidence. Hence, he may be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission made by the counsel for the applicant and would submit that the deceased before her death have informed her parents i.e. material witness about the manner in which, the applicant has committed the offence. He also contended that though the case before the Trial Court was adjourned earlier for want of appointment of public prosecutor, however, now the public prosecutor for the Court at Pakhanjur has been apointed on 22.04.2025. However, he do not dispute the submission of counsel for applicant that till date only 04 witnesses have been examined. 3 5. Pursuant to the notice issued by this Court, parents of the victim/deceased are present before this Court in person, they raised objection in grant of bail to the applicant. 6. I have heard learned counsel for the respective parties as also, the parents of the victim/deceased and perused the documents filed along with the bail application. 7. It is not in dispute that the applicant was arrested on 24.11.2023 and out of 26 witness, only 04 hae been examined by the learned Trial Court as stated by the counsel for the respective parties. 8. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, period of pre-trial detention, number of witnesses to be examined before the learned Trial Court, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 9. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned on the conditions that: (a) 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. (b) 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 Bharatiya Nyaya Sanhita. (c) In case, the applicant misuses the liberty of bail during trial andin order to secure her presence, 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. 4 (d) 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 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 concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey