1 2025:CGHC:61205 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9732 of 2025 1 - Pradeep Kumar Yadav S/o Shri Ramdas Yadav Aged About 24 Years R/o Village - Nawadihi, Tah. Shankargarh, P.S. Kusami, District Balrampur (C.G.) 2 - Rajendra Yadav S/o Shri Sumer Yadav Aged About 26 Years R/o Village - Bhadiya, Tah. And P.S. Bagicha, District Jashpur (C.G.) (As Per Record- Krishna Vatika, P.S. Chakardhar Nagar, District Raigarh (C.G.)) ... Applicants versus 1 - State Of Chhattisgarh Through Police Station - Charakardhar Nagar, Raigarh, District Raigarh (C.G.) ... Respondent(s) For Applicant(s) : Mr. M.K. Sinha, Advocate For Respondent(s) For Victim : : Ms. Lakshmeen Kashyap, P.L. Ms. Ananya Pandey, Advocate Hon’ble Shri Justice Arvind Kumar Verma, Judge 2 Order on Board 16/12/2025 1. This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested on 28.10.2025 in connection with Crime No. 303/2025, registered at Police Station- Charakardhar Nagar, District- Raigarh (C.G.) for the offence punishable under Sections 137(2) r/w 3(5), 87 of BNS and Section 8 of POCSO Act, 2012. 2. The prosecution story, in brief, is that on 04.07.2025 the complainant/ sister of prosecutrix along with prosecutrix made report to the police station Chakardhar Nagar District- Raigarh alleging that her younger sister who is aged about 17 years 2 months has taken with persuasions by unknown person on 03.07.2025 at 1:00 pm. On the basis of above report, FIR was registered on 04.07.2025 and the offence was registered. It is stated that the prosecutrix was missing from her house. On 04.07.2025 the Recovery Panchnama was made by the police in presence of witnesses and the prosecutrix was recovered from the possession of the present applicant. 3. Pursuant to the order dated 28.11.2025, the victim did not appeared before this Court, though served, therefore this Court requested Ms. Ananya Pandey to assist the court as an amicus curiae. 3 4. Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the alleged commission of offence. The prosecutrix has deposed before the court below that the applicant has not committed any alleged offence and whatever is made that is with consent. The applicants are a young boys of 24 and 26 years respectively and are languishing in jail since 06.07.2025. He therefore prays for grant of bail to the present applicants. 5. Learned State Counsel raised objection to the contentions of the counsel for the applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, particularly the fact that the prosecutrix has turned hostile in her statement before the learned Court below. The applicants have no criminal antecedents. They are in jail since 06.07.2025 further the conclusion of the trial may take some more time, therefore, looking to the entire facts and circumstances of the case, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Let the applicants- Pradeep Kumar Yadav and Rajendra Yadav, involved in Crime No. 303/2025 registered at Police Station- Charakardhar Nagar, Raigarh, District- Raigarh (C.G.), for the 4 offence punishable under aforesaid Sections be released on bail on their furnishing a bail bond of Rs. 10,000/- each with one surety in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants 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 them under Section 269 of Bhartiya Nyay Sanhita, 2023 (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with 5 law, under Section 209 of Bhartiya Nyaya Sanhita, 2023. (iv) The applicants 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 BNSS. If in the opinion of the trial court absence of the applicants 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 them 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 Madhurima