1 2025:CGHC:61562 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9887 of 2025 1 - Sanju Das Mahant S/o Sadhudas Mahant Aged About 20 Years R/o Village- Pali, Ward No. 19, Police Chowki Naila, District- Janjgir-Champa (Chhattisgarh) ... Applicant(s) versus 1 - State Of Chhattisgarh Through P.S. Janjgir Distt.- Janjgir-Champa (Chhattisgarh) ---- Non-Applicant For Applicant : Mr. F.S. Khare, Advocate For-Non-applicant : Mr. Vivek Sharma, P.L. For Objector : Mr. Padmini Kurrey, Advocate Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 17.12.2025 1. This is the First bail application filed 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. 762/2024 registered at Police Station Janjgir District Janjgir Champa (C.G.), for the offence punishable under Section 137(2), 332 (b) 87and 64(2) (m) of BNS and Section 4 & 6 of POCSO Act. 2. The allegation against the present applicant as per the prosecution case is that, the present applicant knowing the fact that the Digitally signed by JYOTI JHA Date: 2025.12.20 13:19:24 +0530 2 prosecutrix was a minor, he is said to have taken the prosecutrix to village Puna Baramati and there he is said to have had a physical relationship with her. Subsequently, an F.I.R. in this regard was lodged and the present applicant has been arrested on 03.07.2025. 3. It has been argued by the learned counsel for the applicant that prosecutrix has already examine before the learned trial Court and she has turned hostile and not supported the case of the prosecution, vide Annexure A/3. It is further submitted that the applicant is in jail since 03.07.2025, hence he prays that the applicant be enlarged on bail. 4. Learned Panel Lawyer, appearing for the State opposed the prayer for bail. 5. In pursuance of notice issued to victim, today, learned counsel along with victim appeared/present before this Court and she raised no objection in releasing the applicant on bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. After hearing the submissions advanced by learned counsel for the parties particularly taking note of the statement of the prosecutrix who has turned hostile before the trial Court and she stated that she has married with the present applicant and they were living as husband-wife and further she has not said anything against the applicant and also considering the fact that she voluntarily 3 accompanied with the applicant, the trial is likely to take sometime for its conclusion and the applicant is in jail since 03.07.2025, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the 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 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 their counsel. In case of his absence, without sufÏcient 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 fixed 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 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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Arvind Kumar Verma) JUDGE Jyoti