1 2025:CGHC:60084 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9556 of 2025 1 - Jyoti Vishwakarma D/o Sonadhar Vishwakarma Aged About 25 Years R/o Ward No. 24, Jawahar Nagar, Metguda, P.S. Bodhghat, Distt. Jagdalpur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Station House O昀케cer, P.S. Janjgir, Distt. Janjgir Champa, Chhattisgarh. ---- Non-Applicant For Applicant : Mr. Punit Ruparel, Advocate For-Non-applicant : Mr. Vivek Sharma, P.L. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 10.12.2025 1. This is the First bail application 昀椀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. 605/2025 registered at Police Station Janjgir District Janjgir (C.G.), for the o昀昀ence punishable under Section 137(2), of BNS and Section 6 of POCSO Act. 2. Notice issued to the victim has duly been served, however, no one appeared on behalf of the victim. In such circumstances, Ms. Anjali Pradhan, Advocate, who is present in the Court is appointed as amicus Digitally signed by JYOTI JHA Date: 2025.12.12 11:23:41 +0530 2 curiae to assist the Court on behalf of the victim. 3. After going through the documents, Ms. Anjali Pradhan, 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 father of the victim lodged the FIR on 01.07.2025 in Police of Police Station Janjgir, District Janjgir-Champa, in Crime No. 605/2025 alleging that the applicant / accused is went to the house of complainant where she was stated that the victim is willing to perform marriage with her and she is also do the same, she came in the house of victim on 26.06.2025, the mother of the victim has refused to do so stated that her son is minor she resided in the house of victim for a night on 26.06.2025 and in the next day she went to her house, on the date of incident 28.06.2025 the victim aged about 17 years and 6 months as per prosecution went from his house stated to return in some time but not return thereafter the complaint has been made to the concerned police and alleged against the applicant. Upon such complaint the aforesaid FIR is registered against the applicant on 28.06.2025 after due investigation the police 昀椀led the charge sheet in the aforesaid o昀昀ences against her and the present applicant has been arrested. 5. It has been argued by the learned counsel for the applicant that the applicant has the date of birth certi昀椀cate of the victim and his date of birth is 29.09.2004 and as such at the time of incident the victim boy is 3 aged about 20 years 8 months 28 days and further the trial court recorded the statement of victim PW-2 and his father PW-1 and they have turned hostile and not supported the case of prosecution and as such there is no purpose will serve to detained the applicant/ lady for whole trial. It is further submitted that the applicant is in jail since 10.07.2025, 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 victim and his father who have turned hostile before the trial Court and they have not said anything against the applicant and also considering the fact that he voluntarily accompanied with the applicant, the trial is likely to take sometime for its conclusion and the applicant is in jail since 10.07.2025, 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 her 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 昀椀le an undertaking to the e昀昀ect that he shall not seek any adjournment on the dates 昀椀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 4 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 昀椀xed, either personally or through their counsel. In case of his absence, without su昀케cient 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 昀椀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 昀椀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昀케cient 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昀케ce is directed to send a certi昀椀ed copy of this order to the trial Court concerned for necessary information. Sd/- (Arvind Kumar Verma) JUDGE Jyoti