1 2025:CGHC:19907 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3331 of 2025 Mekhraj Marapi S/o Sidrai Marapi Aged About 21 Years R/o Village - Kongudh, Ps- Dhanora, Kondagaon, District- Kondagaon, C.G. ... Applicant versus State Of Chhattisgarh Through Ps- Keshkal, District- Kondagaon (C.G.) ... Respondent For Applicant : Mr. Shobhit Koshta, Advocate For Respondent/State : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Justice Arvind Kumar Verma, Judge Order on Board 30.04.2025 1. The applicant has preferred Second bail application under Section 483 of the BNSS, 2023 for grant of bail as he has been arrested in connection with Crime No. 117 of 2024, registered at Police Station- Keshkal, District- Kondagaon, (C.G.) for the offence punishable under Section 376, 376(2)(n) of Indian Penal Code and Section 4 and 6 of POCSO Act. 2. First bail application filed by the applicant was dismissed as withdrawn vide order dated 21.03.2025 by this court where the 2 victim and her mother appeared before this court through video conferencing from the DLSA- Kondagaon Chhattisgarh and on being asked they raised the objection for grant of bail to the applicant. 3. The prosecution story in short is that on 23.09.2024 the mother of the prosecutrix lodged an FIR against the applicant that from 10.03.2024 to 31.05.2024 the applicant took the prosecutrix and committed sexual intercourse with her on the pretext of marriage upon which the report was lodged against the present applicant. 4. Learned counsel for the applicant contended that the applicant has not committed any offence. During the pendency of the case, the DNA report has come on record in which the present applicant was not the father of the child which shows that the applicant has been falsely implicated and in order to pressurized the present applicant for marriage. The medical report shows no external and internal injury was found on the body of the prosecutrix which shows that the alleged offence has not been committed. Hence the applicant be enlarged on bail. 5. Learned counsel for the State also supports the fact that the DNA has come out to be negative and no injury has been found on the body of the prosecutrix. 3 6. I have heard learned counsel for the parties, perused the case and other materials available on record with utmost circumspection. 7. Taking into consideration the facts and circumstances of the case and further considering the nature of offence, specially to the fact that the DNA report has come out to be negative and it is clear that the present applicant is not a biological father of the child. Therefore, this court is of the considered opinion that the present case is a fit case to enlarge the applicant on bail, hence, I am inclined to allow the application of the present applicant. 8. Let the applicant involved in Crime No. 117/2024, registered at Police Station- Keshkal, District- Kondagaon, (C.G.) for the aforementioned offence, be released on bail on his furnishing a personal bond with two sureties 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 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. 4 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 applicants 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 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. 9. 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 alfiza