1 2025:CGHC:9488 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 800 of 2025 Raj Urf Rajkumar Dhivar S/o Jagram Dhivar Aged About 25 Years R/o Village- Kirit, P.S.- Navagarh, District- Janjgir-Champa, C.G. ……..Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Kharsia, District- Raigarh, C.G. ...... Respondent For Applicant : Mr. Ankit Singh, Advocate For Respondent/State :Ms. Prabha Sharma, panel lawyer Hon'ble Shri Justice Arvind Kumar Verma Order on Board 24.02.2025 1. The applicant has preferred this first bail application under Section 483 of the BNSS, 2023 for grant of bail as he has been arrested in connection with Crime No.428 of 2024, registered at Police Station- Kharsia, District Raigarh (C.G.) for the offence punishable under Section 363,366,376(2) N of IPC and Section 4 and 6 of the POCSO Act, 2012. 2 2. The present applicant has been arrested for the allegation that he has committed sexual intercourse with the prosecutrix who is below 18 years of age by abducting her. 3. Learned counsel for the applicant contended that, the applicant is innocent and has been falsely implicated in the story. He has no involvement in the aforesaid alleged offence. The prosecutrix has mentioned nothing adverse against the present applicant. Both the prosecutrix and the applicant is having a daughter of one year and if the applicant would remain behind the bar for a long time than it would be difficult for them. 4. Per contra, learned counsel for the State opposes the bail application submitted by the applicants. 5. Parents of the victim appeared through video conferencing. They did not raised their objection against the prayer made by the learned counsel for the applicant and contended that they do’nt have any objection if the bail would be granted to the applicant. 6. I have heard learned counsel for the parties, perused the case and other materials available on record. 7. Taking into consideration the facts and circumstances of the case and further considering the nature of offence, particularly to the fact that the applicant and prosecutrix is having a girl child. 3 Moreover the parents of the prosecutrix have not shown any kind of objection in granting bail to the applicant. This court is in favor of granting bail to the applicant. 8. Let the applicant involved in Crime No.428 of 2024, registered at Police Station- Kharsia, District Raigarh (C.G.) for the offence punishable under Section 363,366,376(2) N of IPC and Section 4 and 6 of the POCSO Act, 2012, be released on bail on his furnishing a personal bond with two sureties each 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. 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 applicant 4 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