1 2025:CGHC:60085 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9228 of 2025  Bhisham Kumar Verma @ Sonu S/o Devlal Verma Aged About 23 Years R/o Village Pandar Police Station Patan District Durg C.G. ...Applicant(s) versus  State Of Chhattisgarh Through S H O, Police Station Patan District Durg C.G. ... Respondent For Applicant : Mr. Amit Nayak, Advocate. For Respondent : Ms. Nupur Trivedi, 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. 198/2025 registered at Police Station Patan, District Durg (C.G.), for the o昀昀ence punishable under Sections 354, 354(d) of IPC and Section 331(6) of BNS and under Section 8 of POCSO Act 2012. 2. In pursuance of notice issued to victim, today, victim along with her mother appeared/present before this Court through DLSA Durg and she raised objection in releasing the applicant on bail. 3. The allegation against the present applicant as per the prosecution case is that, a written report was lodged against the applicant alleging that between March 2024 to 29.08.2025, the applicant had harras victim and Digitally signed by JYOTI JHA Date: 2025.12.12 11:23:41 +0530 2 he was trying to outrage her modesty and therefore he sent her to her maternal uncle home Devbaloda which is near 25-30 km away from Patan and on 29.08.2025 against the applicant went there at night and tried to outrage the modesty of the victim and when the family members came to know, he ran away thereafter victim narrated the story to them and the matter was brought into knowledge of the police. Subsequently, an F.I.R. in this regard was lodged and the present applicant has been arrested on 04.09.2025 4. It has been argued by the learned counsel for the applicant that the applicant is a young boy and he and the victim were in love a昀昀air and the father of the victim is not ready for their relation, therefore he sent his daughter to other place and her daughter called the applicant to meet, therefore the applicant went there and when the family members know about the fact they lodge a false report against the applicant. There is delay in lodging the FIR in the present case and there is no any explanation in lodging the delayed FIR. The applicant is in jail since 04.09.2025, 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 considered the rival submissions and upon perusal of the case diary, it appears that the allegations against the applicant relate to harassment and attempt to outrage the modesty of the victim on 29.08.2025, pursuant to which the FIR has been lodged. However, there is a noticeable delay in lodging the FIR, and the prosecution has not o昀昀ered any satisfactory explanation for such delay. The defence plea that the applicant and the victim were in a consensual relationship and that the complaint was lodged only after the incident came to the knowledge of the family members, though a matter of trial, cannot be brushed aside at this stage. The applicant is a young boy with no criminal antecedents brought to the notice of this Court and has been in custody since 04.09.2025. The investigation appears to be substantially complete, and no further custodial interrogation is shown to be necessary. Accordingly, 3 this Court is of the considered view that the applicant is entitled to be released on bail, subject to appropriate conditions. 8. Let 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 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 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. 9. 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