1 2025:CGHC:61561 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9931 of 2025 1 - Shiv Kumar Joshi S/o Late Sonsay Joshi Aged About 60 Years R/o Vill.- Giroud, P.S.- Dharsiwa, District Raipur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through P.S.- Civil Line, Dist.- Bilaspur (C.G.) ---- Non-Applicant For Applicant : Mr. Anchal Kumar Matre, Advocate For-Non-applicant : Mr. Shubham Bajpayee, P.L. For Objector : Ms. Richa Pandey, 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.176/2025 registered at Police Station Civil Line Bilaspur (C.G.), for the offence punishable under Section 74, 351(2), 3(5) of BNS and Section 7 & 8 of POCSO Act. However, charges are framed under Section 351(3), 115(2) and 296 of BNS against the present applicant. 2. In pursuance of notice issued to victim, today, learned counsel Digitally signed by JYOTI JHA Date: 2025.12.20 13:19:22 +0530 2 along with the mother of victim appeared/present before this Court and she raised objection in releasing the applicant on bail. 3. The allegation against the present applicant as per the prosecution case is that, the applicant is alleged of accompanying the main accused Ram Narayan Banjare and other two co-accused persons who had allegedly gone to house of Ram Narayan and have committed assault and intimidated the complainant who is the wife of Ram Narayan. Co-accused Ram Narayan is alleged to have fondled the intimate body parts of minor daughter of complainant on earlier occasions. On the basis of above, FIR has been registered by the police and the applicant is in jail since 17.10.2025. 4. It has been argued by the learned counsel for the applicant that the applicant submits that the applicant is aged about 60 years and he is innocent and has been falsely implicated as there was personal dispute between Ram Narayan and his wife in whose house, the complainant herself had called them for settlement of some money related dispute. It is further submitted that the applicant is in jail since 17.10.2025, hence he prays that the applicant be enlarged on bail. 5. Learned Panel Lawyer, appearing for the State opposed the prayer for bail. 6. I have heard learned counsel for the parties and perused the case 3 diary. 7. On perusal of the case diary, this Court finds that the role attributed to the present applicant is limited in nature and there is no direct allegation that the present applicant committed any sexual offence upon the minor. The applicant is stated to have merely accompanied the co-accused at the time of the alleged incident. It is also not in dispute that the applicant is about 60 years of age and has been in judicial custody since 17.10.2025. Considering the age of the applicant, the nature of accusations, the absence of any specific overt act of sexual assault attributed to him, the period of custody already undergone, and without commenting on the merits of the case, this Court is of the considered opinion 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 subject to the condition that the applicant shall appear before the concerned Police Station Civil Line Bilaspur on the 1st Sunday of every month and shall mark his presence till conclusion of the trial and the applicant shall comply with appropriate conditions to ensure their presence during trial and to prevent any intimidation or influence over the prosecution witnesses and the other 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 4 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